The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The sentence imposed by the lower court (three months of imprisonment, forty hours of order, three years of employment restriction order) is too unreasonable.

2. Determination

A. According to the ex officio determination records, the defendant was sentenced to six months of imprisonment with labor by the Incheon District Court for the crime of interference with business on August 14, 2019 and the judgment became final and conclusive on November 23, 2019.

Therefore, in the relation of concurrent crimes between the crime of interference with business for which judgment was made and the latter part of Article 37 of the Criminal Act, a sentence should be imposed in consideration of equity in the case where judgment is rendered at the same time pursuant to the main sentence of Article 39(1) of the Criminal Act. Therefore, the judgment of the court below

However, despite the above reasons for ex officio destruction, the defendant's argument about mental disorder is still subject to the judgment of this court.

B. In full view of the circumstances, such as the background of the instant crime, the means and method of the crime, and the Defendant’s act before and after the crime, which can be recognized by the record of the instant case’s assertion of mental disorder, the fact that the Defendant was under the influence of alcohol at the time of the crime is recognized, but it does not seem that the Defendant was in a state of lacking the ability to discern things

Therefore, the defendant's above assertion is without merit.

3. The lower court’s judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal in the lower judgment as seen above. The lower judgment is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the first head of the original judgment, and the defendant is punished by assault at the Incheon District Court on July 7, 2017.