All judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. As to the judgment of the court below of first instance [Defendant] (i) The Defendant committed the instant crime under the condition of physical and mental loss or mental weakness by drinking lives with mental and physical disorder.

The first deliberation sentence (6 months of imprisonment) of the Dold Sentencing unfair sentencing is too unreasonable.

B. As to the judgment of the court below of the second instance [Defendant and Prosecutor], the defendant misunderstanding the facts with the victim's implied consent or with the victim's implied consent.

Since there is a criminal intent to commit an indecent act against the defendant, since the defendant committed sexual act as stated in the facts of the crime of the second judgment under trust.

subsection (b) of this section.

Dodic mental and physical disorder Defendant committed the instant crime under the condition of physical and mental loss or mental weakness by drinking booms.

Article 1 (2) of the Criminal Procedure Act provides that the defendant's appeal ground is too unreasonable because the defendant's appeal ground is too vague, and the prosecutor's appeal ground is too uncomfortable and unfair. The prosecutor's appeal ground is that the punishment is too uncomfortable.

2. Determination

A. As to the assertion of misunderstanding of facts (the second judgment of the court below), the defendant recognized all the charges in the prosecutor's office and the court of the court below. The major contents of the statement are specific and consistent.

In full view of the statements made by the victim and the text message sent by the defendant to the victim, etc. that correspond to the facts charged, it is sufficient to find the defendant guilty of the facts charged in this case, and therefore,

B. As to the assertion of mental disorder (as to the judgment of the court below Nos. 1 and 2), according to the evidence duly adopted and examined by the court below, the defendant is deemed to have significantly drinking at the time of each of the crimes in this case, but comprehensively taking account of the circumstances and methods of the crimes, the contents of the crimes, the defendant's behavior before and after the crimes, etc., the defendant has the ability to discern things or make decisions.