The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. At the time of each of the crimes of this case, the Defendant was in a state of mental or physical weakness or loss of mind and body.

B. The sentence of the lower court (a 12-year imprisonment, order to complete a program) is too unreasonable.

2. The following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court and the appellate court on the assertion of mental or physical weakness or mental loss: (i) In other words, the Defendant: (a) although the intelligence index (I Q) measured at the time of elementary school 73 and middle school 86 was considerably suspected of causing intellectual disability; (b) the Defendant’s wife appears to have failed to register as a disabled person pointed out contrary to the Defendant’s net mother; (c) the Defendant’s wife stated to the effect that the Defendant’s mind was the same as that of the Defendant’s mind in the pre-trial investigation procedure; and (c) the appraisal of the treatment and custody center that conducted the Defendant’s mental diagnosis and assessment of the Defendant was deemed to have a mental retardation delay in light of the spirit of the Defendant, such as intelligence degradation, impulse adjustment ability degradation, behavioral disorder, behavioral disorder, lack of relationship between the Defendant, bottle meals, and decrease of judgment ability.

In light of the motive and background of the instant crime, the Defendant’s statement in the investigative agency, and the attitude of the Defendant’s statement in the trial court at the time of the instant crime, it is recognized that the Defendant had a weak ability to discern things or make decisions due to delay of the latitude at the time of the instant crime, in full view of the motive and circumstance of the instant crime, the Defendant’s statement in the investigative agency, and the attitude of the Defendant’s statement in the trial court.

Therefore, the defendant's assertion pointing this out is justified.

3. In conclusion, the defendant's argument of mental and physical weakness among the grounds for appeal is with merit, and thus, the defendant's argument about the sentencing is omitted and it is in accordance with Article 364 (6) of the Criminal Procedure Act.