1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3. Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. We examine the reasoning of the Defendant’s appeal ex officio.

In the trial of the party, the prosecutor filed an application for permission to amend the Bill of Amendment to the Punishment of Violences, etc. Act with the name of the crime against the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged in the instant case as "special injury", and each of the applicable provisions to "Article 258-2 (1) and Article 257 (1) of the Criminal Act", and since this court's permission was changed to the subject of the trial, the judgment of the court below on this part cannot

Meanwhile, the lower court, on the other hand, deemed that this part of the facts constituting the crime and the remaining facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment. Accordingly, the lower court should reverse not only this part of the facts

However, notwithstanding the above reasons for reversal of authority, the defendant's ground for appeal still becomes subject to the judgment of this court, and this is examined in the following.

B. As to the assertion of mental and physical weakness, the Defendant made the following statements at an investigative agency on the background and before and after the instant crime, most of the contents of the statement are consistent with the victim’s investigative agency’s statement in light of the basic point of view. On September 10, 2015, in the case of the remaining crime except for the crime, the Defendant dices alcohol, but all of the circumstances at the time of the crime. On September 10, 2015, the Defendant appears to have the ability to control the act in light of the circumstance and process of the crime, the means and method of the crime, and the Defendant’s behavior before and after the crime.

Therefore, the defendant is the case.