The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disorder under the influence of alcohol.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. Although the Defendant was under the influence of alcohol at the time of the instant case’s determination as to the assertion of mental and physical disorder, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the method and method of the crime, and the Defendant’s act before and after the crime, the Defendant was in the state of having no or weak ability to discern things or make decisions at the time

It does not appear.

Therefore, this part of the defendant's argument is without merit.

B. In light of the attitude of the indecent act in this case, the victim seems to have caused considerable sense of sexual humiliation.

The defendant committed an assault against the victim who refused to commit an indecent act, and the crime is not good in light of the motive and attitude of the assault.

In addition, the defendant damaged the victim's handphone to report to the police.

However, considering the following: (a) the Defendant appears to repent of the crime; (b) there is no record of criminal punishment for the Defendant; (c) the victim did not wish to punish the Defendant in agreement with the victim at the time of the trial; and (d) other various conditions of sentencing as indicated in the record, such as the circumstances of the crime; (b) the circumstances after the crime; (c) the age of the Defendant; and (d) the conduct of sex and family relationship, the lower court’s

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

Criminal facts recognized by this court as well as the summary of the evidence are stated in each corresponding column of the original judgment.