The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. Defendant 1) While under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental and physical disability. (2) The lower court’s sentencing (five years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. In full view of all the circumstances such as the evidence duly adopted and examined by the court below as to the assertion of mental and physical disorder, the degree of the taking of the defendant at the time of the crime of this case, the circumstances and result of the crime of this case, the behavior of the defendant before and after the crime of this case, the circumstances after the crime, and the personal history of the defendant, the defendant appears to have the ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, the defendant's claim of mental and physical disability is with merit.

3. Accordingly, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without examining the grounds for appeal on unreasonable sentencing by the defendant and the prosecutor, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts constituting the crime against the defendant and the summary of the evidence are as follows: the defendant added "the defendant is under the influence of alcohol so that it lacks the ability to discern things or make decisions" in the front of the first head of the first head of the 16th criminal facts of the judgment of the court below; and the summary of the evidence added "the statement at the court below of the court below by the witness E" to the summary of the evidence.

Application of Statutes

1. Relevant Articles 8 (1), 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Discretionary mitigation is favorable under Articles 53 and 55(1)3 of the Criminal Act.