The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant was under the influence of alcohol at the time of committing the instant crime, he/she should be mitigated from punishment.

B. The sentence imposed by the lower court on the Defendant (ten years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the claim of mental retardation: (a) the defendant clearly memorys the motive behind the crime of this case, the background and process of the crime, the situation after the crime, etc. at an investigative agency; (b) the defendant made a statement in detail and detailed manner; (c) the defendant made a break-off on the victim's home outer wall for the purpose of preventing the victim from being aware of his face before impairing the victim's residence; and (d) the defendant was arrested about three hours after the crime of this case. At the time, the police officer who was found at the defendant's house asked the defendant that "if he acted, what is what he would have caused the victim's ability to do; (d) the defendant's money taken by the victim after the defendant was unbreaded; (d) the defendant asked the police officer to the police officer of this case at the time of the second investigation; (e) the defendant's inquiry that "at the time of the crime of this case, the defendant did not appear before and after the prosecutor's reply to the police;

Therefore, the defendant's argument of mental disability is without merit.

(b).