The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

For a period of five years, information about the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant and the person who requested the attachment order (hereinafter “Defendant”) had a mental and physical loss or mental weakness by drinking alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.

2. Determination on the defendant's case

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, it is recognized that the Defendant committed the instant crime while drinking. In light of the fact that the Defendant specifically stated the details and content of the crime, the Defendant’s act before and after the commission of the crime, and the situation before and after the commission of the crime, at the time, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

It does not appear.

Therefore, the defendant's mental disorder is without merit.

B. The lower court sentenced the Defendant for a short term of two years on October 16, 2014, in consideration of the fact that the Defendant committed the instant crime since he/she was sentenced to imprisonment for a short term of one year and six months on June 1, 2016 by committing the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) and committed the crime of violating the Act on the Punishment, etc. of Sexual Crimes, and that the amount of damage caused by the special larceny was not significant, and that the Defendant expressed his/her intention to actively protect the young and the Defendant’s father, which is favorable to the Defendant. However, in light of the method of the instant crime and the degree of damage, the crime is very significant; however, the Defendant did not reach an agreement with the victim; and the Defendant did not commit the instant crime of violating the Act on the Protection of Juveniles from Sexual Abuse, etc. against Sexual Abuse, which was sentenced by the Jeonju District Court of Korea on June 1, 2016.

In an appellate trial, the defendant is the victim.