The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant.

1. Notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the Defendant and the part of the case of the attachment order, on which only the Defendant appealed, and as such, the part of the case of the attachment order did not have any interest in appeal, the lower court excluded this part from the scope of this court’s judgment.

2. Summary of reasons for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court (five years of imprisonment) against an unjust defendant is too unreasonable.

3. Determination

A. As to the assertion of mental and physical weakness, in light of the background leading up to the instant crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

In addition, it is not visible that the defendant was physically and mentally weak at the time of committing the crime.

Even if a sexual crime is committed in the state of mental disorder caused by drinking alcohol, Article 10(2) of the Criminal Act may not be applied pursuant to Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Thus, the defendant's mental and physical weak argument in the mental and physical weakness

B. As to the wrongful assertion of sentencing, the Defendant committed an anti-human act that commits an indecent act against the victim on two occasions by taking advantage of the victim’s kicked age, who is the grandchildren of a married spouse, in order to satisfy his/her own sexual desire, and thus, he/she should be punished strictly.

However, the defendant committed a violation of the Punishment of Violences, etc. Act on May 15, 1980, and was sentenced to one year of imprisonment, two years of suspended execution, and there are no criminal records except for those sentenced to two years of suspended execution, 69 years of age, and 69 years of age.