The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment for a period of one year and two months.

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act committed by force that the first instance court convicted.

2) The Defendant did not commit a crime of assault that was found guilty of the second instance judgment.

B. At the time of committing the instant assault, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

(c)

The punishment sentenced by the first instance court to the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant filed an appeal against each of the judgment below, and this Court tried to consolidate each of the appeals cases.

Since each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment must be sentenced when the judgment is rendered at the same time.

Therefore, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained any more.

However, even if there are the above reasons for reversal of authority, the defendant's assertion of misunderstanding of facts and the argument of mental or physical weakness is still subject to the judgment of this court.

3. Determination on factual mistake and mental or physical weakness

A. 1) According to the evidence duly admitted and examined by the first instance court’s first instance judgment on the assertion of mistake of facts, the Defendant is fully aware of the fact that the victims were forced to commit an indecent act as stated in the first instance judgment.

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

2) According to the evidence duly admitted and examined by the first instance court’s second instance judgment, the Defendant is fully aware of the facts of assault as stated in the facts constituting the crime in the second instance judgment.

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

B. According to the record of determination on the assertion of mental and physical weakness, although the defendant is deemed to have served alcohol at the time of the crime of assault in this case, the defendant is present at the time of the crime of assault in this case.