The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The Defendant was suffering from alcohol dependence at the time of stopping each of the instant crimes, but was under the influence of alcohol, and was in a state of mental disorder.

B. The sentence imposed by the lower court on the Defendant (the period of eight months of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the records of mental and physical disability, the defendant was hospitalized for several times during the period from January 4, 2007 to October 15, 2014, and each of the crimes of this case under drinking is deemed to have committed each of the crimes of this case, but it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to alcohol dependence symptoms and drinking at the time of stopping each of the crimes of this case, in light of the circumstances before and after the commission of each of the crimes of this case, circumstances leading to each of the crimes of this case, circumstances leading to each of the crimes of this case, and the defendant's behavior at the time. Thus, the defendant's argument of mental and physical disability is without merit.

B. In light of the following circumstances: (a) the Defendant recognized the error of unfair sentencing, thereby infringing on the depth of each of the instant crimes under the influence of alcohol; (b) the Defendant was a disabled person of Grade VI with physical disability; (c) the Defendant appears to have extremely difficult living conditions as a recipient of basic livelihood security; and (d) the Defendant has no criminal records of the same kind except for punishment of a fine once for the same kind of crime 15 years thereafter; and (c) other various circumstances, including the motive and background leading up to each of the instant crimes; (d) the circumstances leading up to each of the instant crimes; (e) the Defendant’s character and conduct before and after the commission of the crime; and (e) the Defendant’s character and conduct, the Defendant’s environment, occupation, and family relationship

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendant's appeal is justified.