The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. The judgment of the court below ex officio prior to the judgment on the grounds for appeal (amended in the indictment). The prosecutor changed the name of the defendant against "Rape" in the trial of the court below to "Article 301, 300, and 297 of the Criminal Act", and changed the applicable law into "Article 301, 300, and 297 of the Criminal Act". The 2nd through 4th of the facts charged in the charges that "in the case of a marina branch, the victim is attempted to rape at the point of the court below, was damaged by breaking the entrance at the place under the influence of alcohol, and then intrudes the building under the control of the victim into the above store, and then intrudes the building under the control of the victim." Since the court below changed the subject matter of the judgment by permitting this.

However, the judgment of the court below is still subject to the judgment of the court, despite the above reasons for reversal of authority, and this is examined.

3. According to the records of determination on the assertion of mental and physical weakness, the fact that the defendant was in a drinking condition at the time of committing the instant crime is recognized.

However, in light of various circumstances, such as the background, means, and the defendant’s conduct before and after the crime, which were duly adopted and examined by the court below, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

It does not seem that it does not appear.

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

4. The judgment of the court below is reversed ex officio as above. Thus, Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing.