The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. Summary of the grounds for appeal;

A. The Defendant with mental and physical disorder was proved to have a positive alcohol, and even at the time of the instant crime, the punishment should be mitigated on the ground that the Defendant was in a state of mental and physical disability by drinking at the time of the instant crime.

B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. (1) Determination ex officio (1) Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which uniformly provides for the restriction on employment of persons with disabilities for the period of ten years for children, juveniles, or adults, is amended by Act No. 15904, Dec. 11, 2018; Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which provides for the restriction on employment of persons with disabilities for the period of ten years; (2) the court imposed a punishment for an individual sex offense case on the defendant of each case; and (3) Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities provides that the amendment of Article 59-3 of the Act on Welfare of Persons with Disabilities shall apply to persons who committed a sex offense before June 12, 2019, which is the enforcement date of the Act on Welfare of Persons with Disabilities; and (4) in this regard, the above amendment is no longer maintained.

(2) Despite such reasons for ex officio destruction, the Defendant’s assertion of mental disorder is still subject to a trial by this Court, and this is examined below.

B. (1) According to the evidence duly admitted and investigated by the court below, the court below’s determination as to mental and physical disorder showed that the defendant had repeatedly discharged and discharged the hospital with alcohol ozone, and that the defendant seems to have been punished for the crime of this case. However, in light of the circumstances leading to the crime of this case, the circumstance before and after the crime of this case, the defendant’s behavior at the time, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions.

(2) Even if the Defendant committed the crime, at the time of the crime.