The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In the event that the Defendant was under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the scope of the judgment.

B. The sentence imposed by the lower court on the Defendant (a person’s order to complete a sexual assault treatment program for three years and eight hours of imprisonment) is too unreasonable.

2. Determination:

A. According to the records on the assertion of mental disorder, even though the defendant was deemed to have a certain degree of drinking at the time of committing the instant crime, in light of all the circumstances such as the background of the instant crime, the means and method of committing the instant crime, and the defendant’s behavior before and after the instant crime, it does not appear that the defendant was unable or weak to discern things due to drinking at the time of committing the instant crime.

Therefore, the defendant's mental disorder cannot be accepted.

B. The instant crime of this case regarding the assertion of unfair sentencing requires a strict liability corresponding to the Defendant in light of the motive, method, and content of the Defendant’s crime, etc., in light of the following: (a) the Defendant committed a crime of this case in which the Defendant was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually female

However, the defendant led to his confession of the crime of this case in depth, seems to have committed the crime of this case in a contingency while drunk, the degree of injury to the victim seems to be relatively serious, and the victim tried to have committed the crime of this case in a relatively serious degree. The defendant did not have any record of criminal punishment in Korea, and the age, career, environment, character and conduct of the defendant, and the motive, background, means, method and result of the crime of this case.