A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be treated for 40 hours sexual assault.

(a) The sentence sentenced to the first instance judgment of the Prosecutor (2.5 million won in penalty) is too unhued and unreasonable;

B. The punishment sentenced by Defendant 2 (six months of imprisonment and forty hours of completion of the sexual assault treatment program) is too unreasonable.

2. The Defendant did not participate in the first instance court training on several occasions without justifiable grounds in determining the prosecutor’s improper assertion of sentencing. In light of the importance of the duty of military service, which is a duty under the Constitution, and the equity with those of those who committed the duty of military service, which is different from that of the duty of military service under the Constitution, the criminal liability is not weak, and the Defendant has already been punished once by the suspended execution, once in total on two occasions due to a violation of the Military Service Act, and other various sentencing conditions, such as the Defendant’s age, sex, environment, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the public prosecutor's appeal against the judgment of the court of first instance shall be reversed on the grounds of the above judgment, and since the court of first instance selects imprisonment with prison labor for the crime of first instance judgment, each crime of the above crime and the crime of second instance judgment joined in the court of first instance shall be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, without examining the judgment on the defendant's unfair argument of sentencing against the judgment of the court of second instance, the judgment of the court below shall be reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and it shall be decided again after the pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 15(9)1 of the Act on the Establishment of Local Reserve Forces and Article 6(1) of the Act on the Establishment of Local Reserve Forces for the Prevention of Criminal Crimes (UP) and Articles 352 and 350(1) of the Criminal Act (UP).