The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 2-A(a) and (3) of the criminal facts stated in the judgment of the court below was drunk at the time of the commission of each crime under paragraphs (1) and (3) and thus, the sentence should be mitigated or exempted. 2) The sentence (a) imposed by the court below against the Defendant (a 3 years of imprisonment, 80 hours of order completion) is too unreasonable.

B. Prosecutor 1) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order, in the absence of special circumstances that may not disclose or notify the Defendant’s personal information, because the sentence imposed by the lower court against the Defendant is too unfasible. 2)

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental and physical disability claim, the crime No. 2-A of the judgment below is examined.

At the time of each crime referred to in paragraphs (3) and (3), the fact that the defendant was under the influence of alcohol is recognized.

However, based on the above evidence, the following circumstances are acknowledged: (a) the method and reason that the defendant intrudes into the D Hospital 395 room in Jinju-si, which is the place where the crime was committed by the investigative agency, on two occasions; (b) the reason and route that the defendant escaped from the D Hospital 395 room in the above 395 room; and (c) the reason and route that the defendant escaped from the said 395 room; and (d) the process and method of the indecent act by finding out the victim F of a female patient who was divingd at the time of the said 395 room (Evidence No. 97-100, 154-160 page of the evidence record); and (c) other details and methods of the crime of this case, the defendant's behavior before and after the crime of this case, and the defendant's attitude of statement in the investigative agency

It cannot be deemed that under the influence of alcohol at the time of each crime under paragraphs (1) and (3), the person lost the ability to discern things or make decisions, or was in a weak state.

Therefore, the defendant's mental disorder is without merit.

B. Special cases concerning the punishment, etc. of sexual crimes are determined on the prosecutor’s unfair argument of exemption from disclosure disclosure order.