The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant is a sexual assault treatment program.

Summary of Grounds for Appeal

The Defendant does not completely associate with the crime of this case.

The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

The sentence of imprisonment (three years of imprisonment) by the lower court on the grounds of unfair sentencing is excessively unreasonable.

Judgment

According to the statement on the defendant prepared by N of the Medical Treatment and Custody Center’s mental diagnosis according to the request for mental diagnosis of the party, the defendant has lost significant social and professional functions, such as hospitalization at a mental hospital several times with alcohol dependence, and further, the defendant committed the crime of this case with a friendly disorder can be acknowledged.

In addition to various circumstances, such as the background, means and attitudes of the crime indicated in the record, the defendant's behavior before and after the crime was committed, it is reasonable to deem that the defendant was in a state of mental disability, such as mental behavioral disorder caused by alcohol use, dependent symptoms, continuous depression disorder, and lack the ability to discern things or make decisions, and that the defendant was in a state of mental disorder.

The defendant's ground of appeal pointing this out is with merit.

The argument that the criminal conduct is not memory is difficult to regard it as a mistake of fact separate from the argument of mental or physical disability, and there is no ground for appeal since the defendant or his/her defense counsel did not have claimed a mistake of fact in writing within the period for submitting the statement of grounds for appeal, it cannot be a legitimate ground for appeal). The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act without examining the defendant's argument of unfair

Criminal facts

The summary of facts and evidence recognized by the Korean court is that the defendant has the ability to discern things or make decisions due to alcohol dependence and depression in the first head of the facts of the crime in the judgment of the court below.