The judgment of the court below is reversed.

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

Sexual assault against the defendant for 40 hours.

1. Summary of grounds for appeal;

A. Mental and physical disorder (as to the crime of indecent act by force 5517, the lower court’s judgment), the Defendant was in a state of mental and physical loss or mental weakness by drinking while committing the instant indecent act by force.

B. The sentence sentenced by the lower court (one year of imprisonment, 40 hours of order to complete the course) is too unreasonable.

2. Determination

A. According to the records of this case’s determination as to the assertion of mental disorder, it cannot be deemed that the Defendant had no or weak ability to discern things or make decisions at the time of committing the instant indecent act, in view of the following: (a) although it is deemed that the Defendant had a drinking condition at the time of committing the instant indecent act, considering such circumstances, in light of the background of the crime, means and methods thereof, the Defendant’s attitude before and after the crime, and the circumstances after the crime.

This part of the defendant's assertion is without merit.

B. There are unfavorable circumstances, such as the circumstance of the crime of the crime of indecent act in the instant case, the method of the crime, the circumstances after the crime was committed, etc., that there is no agreement with the victim C on the crime of indecent act in the instant case, that the defendant was subject to criminal punishment once a suspended sentence due to the same crime of violence, three times a fine due to the same crime of crime, etc. However, the defendant is recognized and against all the facts charged in the instant case. Meanwhile, the defendant agreed with the victim F of the special bodily injury in the lower court and agreed with the victim G of the special bodily injury in the first instance, and the defendant reached an agreement with the victim G of the special bodily injury in the first instance, the defendant did not have any criminal record, and other various circumstances shown in the records and arguments, the sentence imposed by the lower court against the defendant is somewhat unreasonable. Thus, the defendant's argument of the criminal punishment has merit

3. Accordingly, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the Defendant’s appeal is reasonable.