The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

For the defendant.

1. Summary of grounds for appeal;

A. The Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) under the influence of alcohol committed the instant crime under the influence of alcohol.

B. The sentence of unfair sentencing (two years of imprisonment, 80 hours of sexual assault treatment program, disclosure of information, and 5 years of notification) by the lower court is too unreasonable.

2. Determination on the part of the defendant's case

A. At the time of committing the instant crime, the lower court recognized that the Defendant had the weak ability to discern things or make decisions due to shock disorder, judgment disorder, and emotional instability due to excessive drinking, etc., and recognized that the Defendant had already been in a state of insufficient capacity to discern things or make decisions, and further, deemed that the Defendant was in a state of mental disorder at the time.

In light of the various circumstances indicated in the records of this case, such as the background and method of the crime of this case, and the defendant's act before and after the crime of this case, it cannot be seen that the defendant was in a state of mental disorder beyond the degree of mental disability at the time of the crime of this case. Thus, the judgment of the court below recognizing only mental disorder is just, and this part

B. In light of the fact that the crime of this case of unfair sentencing was committed by the Defendant on the part of the victim, who was frighten at the opening of subway entrance by force, by force, and by forceing the chest of the victim, and by taking the head and face of the victim who fright to resist, etc., the crime of this case is highly serious, and the victim appears to have received considerable mental and physical shock due to the crime of this case, and the defendant did not reach an agreement with the victim until the trial at the trial, there is a need to punish the Defendant strictly.

However, it seems that the defendant recognized the crime of this case and took a depth of the mistake, and the defendant committed the crime of this case in a state of mental disorder by contingency, and commits indecent act.