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

A sexual assault therapy program for the accused.

A. Defendant 1’s imprisonment (two months of imprisonment) is too unreasonable.

B. The lower court’s punishment (six months of imprisonment, 40 hours of completion of sexual assault treatment programs) of the prosecutor’s second instance court is deemed too uneasy and unreasonable.

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

On the judgment of the first instance court, the defendant filed an appeal against the second instance judgment, and the second instance court tried the two appeals jointly, and each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment in accordance with Article 38(1)2 of the Criminal Act. In this regard, the judgment of the lower court cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's and the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning the crime, Articles 257(1) and 298 of the Criminal Act concerning the choice of punishment, Articles 299 and 298 of the Criminal Act concerning the crime, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes