The judgment of the court below is reversed.

The punishment of the accused shall be five years of imprisonment.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. The lower court also asserted that the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the instant crime.

The lower court rejected the Defendant’s assertion on this point, on the ground that the Defendant was under the influence of alcohol at the time of committing the instant crime, in light of the background leading to the instant crime, the details of the instant crime, and the circumstances before and after the instant crime, it was found that the Defendant was under the influence of alcohol that the Defendant did not have the ability to discern things

In light of the evidence duly admitted and examined by the court below, the judgment of the court below is justified.

The defendant's assertion disputing this is not accepted.

3. On the ground of the Defendant’s assertion of unreasonable sentencing, the Defendant’s payment of 30 million won agreed upon to the victim and the victim did not want the Defendant’s punishment is an element of sentencing to be newly considered for the Defendant.

In addition, the circumstances should be considered for the sake of the defendant, such as the confession of the crime of this case and the reflection thereof, the degree of injury of the victim is relatively minor, and the defendant has no criminal power exceeding the same criminal power or fine.

In light of these circumstances, comprehensively considering the following factors: the Defendant’s age, character and conduct, environment, method and circumstance after the commission of the crime, and various sentencing conditions as indicated in the instant records and pleadings, the court below’s various sentencing factors are considered to be disadvantageous to the Defendant.

Even if the sentencing of the court below is unfair compared to the responsibility of the defendant.