The judgment of the court below is reversed.

The punishment of the accused shall be four months by imprisonment.

1. Reasons for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment of the lower court is heavy.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, on November 11, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an indecent act committed by the Jung-gu District Court (2016 High Court Decision 2016 High Court Decision 2071) and appealed (3306 decided on February 1, 2017, which was dismissed, and the judgment of February 1, 2017, was finalized after the sentence of the lower court.

The crime of the judgment of the court below against the defendant and the crime of indecent act by force which became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Act.

Accordingly, in accordance with Article 39 (1) of the Criminal Act, punishment for the crime of the judgment of the court below should be imposed in consideration of equity in the case of concurrent judgment.

In this respect, the judgment of the court below is no longer maintained.

B. According to the records of this case as to the assertion of mental disorder, the defendant appears to have a drinking condition at the time of the crime of this case, but in light of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime of this case, the defendant had no or weak ability to discern things or make decisions at the time of the crime of this case.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;