The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

1. Summary of grounds 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. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (the completion of a sexual assault treatment program for three years and forty hours) is too unreasonable.

2. Determination

A. The lower court, ex officio, determined that the Defendant was deemed to have led to the confession of all the facts charged of the instant case, and determined and notified that the Defendant would be tried through a simple trial procedure, and found the Defendant guilty of the instant facts charged in accordance

However, the Defendant alleged that the instant crime was committed in a state of mental or physical weakness during the time of the trial, and that it asserted the grounds for exclusion from responsibility, and it is recognized that it was remarkably unfair to judge the instant case as a simple trial procedure.

Therefore, this Court revoked the order of the court below that decided to judge by simple procedure of trial in accordance with Article 286-3 of the Criminal Procedure Act at the first trial date, so the judgment of the court below according to simple procedure of trial cannot be maintained any more.

However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was aware that he had drinking alcohol at the time of committing the instant crime, in light of various circumstances such as the process and process leading up to the Defendant to commit the crime, the means and method of committing the crime, the Defendant’s attitude and words before and after committing the crime, and the circumstances after committing the crime, there was a lack of ability to discern things or make decisions under the influence of alcohol.

It does not appear.

In addition, according to Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if a sexual crime is committed in the state of mental disorder caused by drinking, the court shall reduce the punishment.