The judgment of the court below is reversed.

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

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant (1) : At the time of committing the crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

(2) Unreasonable sentencing: The sentence of imprisonment (two years and six months) by the court below is too unreasonable.

B. The sentence imposed by the prosecutor in the lower court is too unfluent and unreasonable.

2. Determination

A. According to the records of the judgment on the Defendant’s claim of mental suffering from mental illness, the Defendant is merely able to recognize the remaining degree of her math at the time of committing the crime, and in light of the various circumstances indicated in the records, such as the background of the crime and the conduct before and after the crime, it cannot be deemed that the Defendant committed a state where the ability to discern things and make decisions was weak.

Furthermore, under the influence of the Defendant at the time of committing the crime, he was in a state of mental disorder.

Even if a sexual crime is committed in the state of mental disorder caused by drinking, Article 10(2) of the Criminal Act may not apply (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes).

B. The Defendant’s judgment on the assertion of unfair sentencing has committed the instant crime against the victim, who is a juvenile related to him/her, and the circumstances or attitudes after the commission of the crime are bad, but at the latest later later, expressed his/her anti-discrimination intent at the time of his/her own crime, and there is no previous conviction, and there is no criminal record in light of the relationship with the Defendant and the victim, the age and character of the Defendant, character and conduct, environment, motive, means and consequence of the crime, and various sentencing conditions revealed in the arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too excessive, and thus, the Defendant’s assertion of unfair sentencing, which points

3. Accordingly, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is followed after pleading.