The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal presented an argument to the purport of mistake of facts in the statement of grounds for appeal, but the accused and the defense counsel withdrawn from the date of the first instance trial.

The Defendant was under the influence of alcohol at the time of committing each indecent act by compulsion of this case, and was in the state of mental disorder or mental disability.

B. The sentence imposed by the court below on the defendant (five years of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was in a drunken state at the time of the crime of each of the instant indecent acts by compulsion, but in full view of the circumstances of each of the crimes, means and methods, and the circumstances after the crime, it does not seem that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Even if the defendant was in a state of mental disorder under the influence of alcohol at the time of the above crime, Article 10 of the Criminal Act concerning the reduction and exemption of punishment may not apply to the case where the defendant committed a sexual crime in a state of mental disorder caused by drinking (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). As long as the defendant was in a state of drinking by drinking, it is reasonable

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the assertion on unfair sentencing, each of the crimes of this case committed each of the following acts: the Defendant intrudes on the residence of a neighbor who is the victim, and inflicted an injury on the head, etc. of a tree frighter who is an article dangerous to the victim at present; obstructed the principal’s business by entering a coffee shop; obstructed the customer’s business by entering the coffee shop; assaulting the customer; assaulting the customer on twice at the sat and N large scale, and invaded on the said residence by force once.