The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 200 hours.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental and physical weakness, he was in a state of mental and physical weakness by drinking.

B. The sentence of the lower court’s unfair sentencing (four years of imprisonment, 200 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness, the fact that the Defendant committed an indecent act while drinking alcohol at the time of the instant crime is acknowledged.

However, the circumstances acknowledged by the above evidence, i.e., the defendant's own drinking in the investigative agency but did not have the degree of drinking.

In light of the fact that the Defendant stated, the fact that the Defendant clearly memorys the specific details of the crime, the details and methods of the crime of this case, and the circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant case.

It is difficult to recognize it.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The Defendant, one month after a long-standing marriage, committed an indecent act by the victim, who was the wife of his her her her friend in his her friend from his her friend family at his friend, using her friend from her her husband’s friend, or by taking advantage of her friend friend status

Due to the defendant's crime, the victim and her husband have suffered serious mental damage to the extent that they should receive medical treatment.

Nevertheless, the defendant denied the crime in the investigative agency and the court of original instance, and there was a substantial additional damage, such as the victim and her husband attending several times in the investigative agency and the court of original instance and stating repeatedly numerical damage.

However, when the defendant reached the appellate trial, the defendant all of the crimes of this case is dismissed and against it.

In addition, the defendant has the victim as the principal in the appellate court.