The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was found to have been under the state of mental disability due to math alcohol use, symptoms, etc., and was in a state of mental disability.

B. The lower court’s sentence on the assertion of unreasonable sentencing (the completion of a sexual assault treatment program for five years and forty hours of imprisonment) is too unreasonable.

2. Determination:

A. In full view of all the circumstances revealed by the records, such as a copy of medical records prepared by K in the judgment of the judgment on the claim of mental disability and a certificate of release from admission, the amount of drinking alcohol by the defendant at the time, the attitude of the defendant (the defendant was arrested after the crime in this case was committed in the victim's ward immediately after the crime in this case), the defendant's age (57 years old), criminal records (the initial crime) and other records, it is reasonable to deem that the defendant at the time of the crime in this case had the ability to discern things or make decisions due to drinking, and in light of all the above circumstances, it is reasonable to apply the provision on mitigation of mental and physical disability in the Criminal Act to the defendant, notwithstanding Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

This part of the grounds for appeal is justified.

3. If so, the defendant's appeal is reasonable, without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) the sobreath of the facts constituting the crime of the court below is deemed to be “under the influence of alcohol” as “under the influence of alcohol due to the use of alcohol, etc., and thus lacks the ability to discern things or make decisions,” and (b) the summary of the evidence is drawn up by the J Hospital K in the column of the evidence.