A defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault against the defendant for forty hours.

A. Defendants 1 and 2’s respective sentences (the first instance court: 5 months of imprisonment, and the second instance court: 10 months of imprisonment, 40 hours of order to complete a program, 3 years of order to confiscate and restrict employment) are too unreasonable.

B. Each sentence of the lower court’s 1 and 2 of the Prosecutor is too unhued and unreasonable.

2. The Defendant and the Prosecutor filed an appeal against all the judgment below, and this Court decided to hold the two appeals together for a trial.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to each of the corresponding columns of the original judgment. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment (the fraud point), Article 11(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) (the possession of obscene materials for children and juveniles), Articles 352 and 350(1) of the Criminal Act (the attempted possession of obscene materials for children and juveniles), and each choice of imprisonment, respectively.

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment and punishment for concurrent crimes stipulated in the most severe punishment and punishment for concurrent crimes);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. A Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1501, Nov. 26, 2019);