The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

. against the Defendant.

1. Summary of grounds for appeal;

A. The Defendant and the person requesting an attachment order (hereinafter “Defendant”) at the time of the instant crime, at the time of the instant crime, had weak ability to discern things or make decisions under the influence of alcohol.

2) The punishment sentenced by the lower court (a two and half years of imprisonment, and a five-year disclosure order and notification order) is too unreasonable.

B. The lower court ordering the Defendant to attach an electronic tracking device for a period of seven years on the part of the case claiming an attachment order.

2. As to the defendant's case

A. According to the records on the assertion of mental and physical weakness, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, in light of the circumstances such as the background of the instant crime, the Defendant’s act before and after the instant crime, etc., the Defendant was in the state of lacking the ability to discern things or make decisions at the time of committing

Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that Article 10(2) of the Criminal Act, which is a provision to mitigate punishment for mental and physical weakness, may not apply when a sexual crime of this case is committed in a state of mental and physical disorder caused by drinking.

In consideration of the purport of this provision, even if the defendant committed the instant indecent act, he was physically and mentally weak at the time of the crime of drinking alcohol.

It is reasonable to reduce according to any loss.

B. We find ex officio prior to the determination of the Defendant’s unfair argument in sentencing.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the same Act, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for ten years for a sex offense against