The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Defendant (1) under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

(2) The lower court’s sentencing (two years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. According to the records on the defendant's grounds for appeal of mental disorder, it is recognized that the defendant was a drinking state at the time of the crime of this case, but in light of the details and contents of the crime of this case and the circumstances after the crime, etc., the defendant's drinking does not seem to have been in a state of mental disorder.

B. We examine ex officio prior to the judgment on the grounds for appeal of unfair sentencing by the Defendant and the prosecutor.

In the facts charged, the prosecutor stated in the facts charged that “the defendant used the victim’s state of impossibility to resist, thereby committing rapeing the victim.” The defendant attempted to rape by taking advantage of the victim’s state of impossibility to resist,” the name of the crime was “ quasi-rape” and the applicable provisions of the law were changed from “Articles 299 and 297-2 of the Criminal Act” to “Article 300, Article 299, and Article 297 of the Criminal Act” to “Article 300, and Article 297 of the Criminal Act,” and the court was changed to the subject of adjudication by permitting this. Thus, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal on unfair sentencing by the defendant and the prosecutor on the grounds of reversal of the indictment, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

On March 17, 2013, at around 02:50 on March 17, 2013, the Defendant discovered that the victim C (inn, 30 years of age) was drunk and used in the street, and tried to rape the victim.