The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness by drinking breath in order to rescue out the neutal stability.

B. The sentence of the lower court’s unfair sentencing (a two and a half years of imprisonment, and an order to complete a sexual assault treatment program for 80 hours) is too unreasonable.

2. Determination

A. According to the record on the Defendant’s assertion of mental and physical weakness, it is recognized that the Defendant received medical treatment as alcohol dependence, and that he was in a state of drinking at the time of committing the instant crime.

However, according to the victim's police statement (including the statement in the statement), it is recognized that the victim seems to have shown that the victim franchise, franchise, franchise, franchise, and franchise his face by franchise, franchise, and franchise at the time of the case.

In full view of the following circumstances: (a) the Defendant’s reputation amount recognized by the record; (b) the background leading up to the commission of the crime; (c) the means and method of the crime; and (d) the circumstances after the crime, the Defendant was in a state in which the Defendant had the ability to discern things or make decisions due to the use of drugs or drinking

does not appear.

In addition, according to Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 10(2) of the Criminal Act may not apply when a sexual crime is committed in the state of mental disorder caused by drinking or drugs.

Therefore, the decision of the court below that did not accept the Defendant’s argument for mental and physical weakness is just, and there was a misunderstanding of the legal principles as to the mental and physical weakness or a misunderstanding of facts

subsection (b) of this section.

The defendant's mental and physical weak argument cannot be accepted.

B. As to the Defendant’s wrongful assertion of sentencing, the crime of this case was committed by the Defendant by intrusion upon the victim’s house, a neighbor.