The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) had weak ability to discern things or make decisions due to excessive drinking by alcohol drinking habits.

Nevertheless, the judgment of the court below which rejected the defendant's claim of mental disability is erroneous by misapprehending the legal principles on mental disability.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, 80 hours of completing sexual assault treatment programs, and 10 years of information disclosure and notice) is too unreasonable.

2. According to the statement of the written mental appraisal of the Defendant of the Medical Treatment and Custody Judgment Director, the Defendant is judged to have anti-social personality disorder as well as continuing the problem drinking, even though the result of physical and mental health harm and harm to life in the state of drinking has been repeated due to alcohol abuse. In light of the motive, circumstance, means and mode of each of the instant crimes recognized by the evidence duly adopted and investigated by the lower court, and the written protocol of the Police Examination of the Defendant’s behavior accused before and after the instant crime, the Defendant was under investigation by the Police Station of the Asia-gu Seoul Metropolitan Government on March 6, 2013, immediately after each of the instant crimes, and was under investigation by the Defendant. The Defendant was under investigation by the Defendant on March 6, 2013, and was under the influence of drinking. There was no memory as to being investigated. It is no reason to deny the victim’s (victim F) as he wishes. It is not possible to see that the Defendant did not make a statement out of the victim’s age.

In full view of the foregoing, at the time of each of the instant crimes, the Defendant, at the time of committing each of the instant crimes, is not able to effectively resolve stress and emotional conflicts caused by alcohol abuse.