The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

The Defendant with mental and physical disorder of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime.

The punishment sentenced by the court below to the defendant (the punishment amounting to three million won, the order to complete a sexual assault treatment program for twenty-four hours) is too unreasonable.

Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to 8 months of imprisonment and 600,000 won of fine by assault, etc. at the Seoul Northern District Court on February 2, 2017, and on April 22, 2017, it can be recognized that the judgment became final and conclusive on April 22, 2017. The above crime and the crime of this case, for which judgment has already become final and conclusive, are in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and are to be determined after examining whether to reduce or exempt punishment by taking into account the cases where the judgment is to be rendered at the same time and equity pursuant to Article 39(1) of the Criminal Act, so in such a sense,

However, despite the above reasons for reversal ex officio, the defendant's argument about mental and physical disorder still is subject to the adjudication of this court, which will be examined below.

According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the Defendant was deemed to have served alcohol at the time of committing the instant crime, but in light of the background leading up to the instant crime, the method and method of committing the crime, and the circumstances after committing the crime, etc., the Defendant had no or weak ability to discern things or make decisions.

Therefore, we cannot accept the defendant's above assertion.

Therefore, the defendant's mental and physical disability is without merit, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following is made through oral pleadings.