All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Sexual assault...

1. Summary of grounds for appeal;

A. The second judgment of the court below, which applied Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes to the crime of the second instance judgment, is erroneous in the misapprehension of legal principles.

B. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each crime in the first instance judgment.

(c)

The punishment of the lower court (the first instance court: imprisonment with prison labor for a year and April, and the second instance court: imprisonment with prison labor for a period of three months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Each of the offenses in the judgment of the court of first and second won against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot be maintained as they are.

However, despite the above reasons for ex officio reversal, the defendant's misapprehension of legal principles and his argument about mental and physical disorder still are subject to the judgment of this court.

3. The second instance court's judgment as to the assertion of misapprehension of the legal principle is clear that the Defendant did not apply the Act on the Aggravated Punishment, etc. of Specific Crimes to the crime in the judgment of the second instance. Thus, the Defendant's assertion of misapprehension of the legal principle on the premise that the second instance judgment applied the Act on the Aggravated Punishment, etc. of Specific Crimes is rejected

4. In light of the evidence duly adopted and examined by the first instance judgment as to the assertion of mental or physical disorder, and the background and mode of each crime in the judgment of the first instance court as to the defendant's first instance judgment, which is acknowledged based on the defendant's statement at the court of first instance and the court of first instance, the defendant was under the influence of alcohol at the time of the crime in question in a state that the defendant was in a state that he

shall not be deemed to exist.

Therefore, the defendant's mental disorder.