A defendant shall be punished by imprisonment for six months.

Sexual assault against the defendant for forty hours.

A. The punishment of the lower court (the first instance court: the imprisonment of April, the completion of the sexual assault treatment program for 40 hours, and the second instance court: the imprisonment of two months and the completion of the sexual assault treatment program for 40 hours) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. The judgment on the grounds for appeal by the defendant and the prosecutor shall be examined ex officio.

Article 38(1) of the Criminal Act provides that the first and second original courts shall have completed a separate review of each offense of indecent act by the Defendant, and subsequently sentenced the Defendant to the above punishment. The Defendant filed an appeal against the lower judgment, and the Prosecutor filed an appeal against the second lower judgment, and this Court decided to hold concurrent hearings of the above appeal. Each offense of the lower judgment against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the lower judgment cannot be reversed in its entirety.

3. The decision of the court below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the judgment of the court below and the prosecutor's second judgment as to each of the unfair sentencing arguments against the defendant's judgment of the court below, since the above reasons for reversal exist ex officio, and it is again decided as follows after the pleading.

[Grounds for the judgment to be used] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence related thereto are as follows: “The defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Support of the Incheon District Court on February 28, 2012, and for a period of one year and six months and three years of suspension of execution on February 20, 2013; the suspension of execution was revoked on December 20, 2013 by being sentenced to six months for a violation of Road Traffic Act (unlicensed Driving) at the Vice Branch of the Incheon District Court on December 21, 2015.