The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disorder under the influence of alcohol by her husband for more than 8 to 9 hours. The Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s unreasonable sentencing (one year and six months of imprisonment, forty-hour completion of sexual assault treatment programs, and five-year notice of disclosure of information) 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 may be recognized that the defendant had taken drinking at the time of the crime of this case, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

Since it seems that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.

B. Considering the fact that the Defendant had been sentenced to imprisonment two times with prison labor due to larceny, etc., and the Defendant committed the instant crime without being aware of the fact that he/she was in the period of repeated crime even though he/she was under the period of repeated crime, and that it was not agreed with the victim, it is necessary to impose a strict punishment corresponding to the relevant criminal liability against the Defendant.

However, the defendant recognized the crime of this case and divided the mistake in depth, the crime of rape was committed in the crime of this case, and the stolen smartphone was seized and returned to the victim. The defendant saw the victim's husband at night immediately before and after drinking together with the victim's husband at the victim's house according to the victim's husband. At the time of the crime of this case, the defendant committed the crime of this case by reporting and contingently reporting the victim's husband who performed drinking together with the victim's husband and the victim's husband who was born from the victim's side.