The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

Summary of Grounds for Appeal

Defendant

The Defendant, at the time of committing the instant crime, was in a state of weak ability to discern things or make decisions due to mental illness such as depression.

In light of the background leading up to the Defendant’s instant crime, etc., the lower court’s imprisonment (four years of imprisonment) is too unreasonable.

In light of the contents, etc. of the instant crime, the lower court’s punishment is too unfeasible and unreasonable.

According to the evidence duly admitted and examined by the trial court as to the Defendant’s claim of mental illness, the Defendant is recognized as having received medical treatment at the Ganbuk University Hospital or Spathy department due to depression, inorganic mental disorder, and inevirative disorder, etc., but not only the mental disorder of the Defendant at the time of committing the instant crime is found (Notice of Mental Appraisal of the Preparation of Medical Treatment and Custody Center) but also a relatively detailed statement on the background leading up to the instant crime or the situation of the victim, etc., in light of the fact that the Defendant at the time of committing the instant crime, it is not deemed that there was a lack of ability or decision-making ability to discern things.

Therefore, this part of the defendant's argument cannot be accepted.

Defendant

As to the prosecutor’s assertion of unreasonable sentencing, the instant crime committed by the Defendant on the grounds of the allegation of unfair sentencing, such as: (a) the Defendant discovered the victim who is under the influence of alcohol and attempted to have the victim participate in sexual interest; and (b) the victim was tried to commit rape without having to participate in sexual interest; and (c) the victim was injured by taking the victim into the place of a dial, and the nature of the relevant crime is not good; and (d) the victim wanted to punish the Defendant.

However, the defendant not only has no record of criminal punishment for the same crime, but also has led to the confession of the crime and depth of his mistake.