All judgment of the court below shall be reversed.

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

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. The punishment of the lower court (the first instance court: one year and two months of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 40 hours of order to complete a sexual assault treatment program: three months of imprisonment and 40 hours of order to complete a sexual assault treatment program) against the Defendant is too unreasonable.

B. The first instance court’s sentence against the prosecutor’s Defendant is too uncomfortable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

This Court decided to consolidate each appeal case against the first and second original judgment.

Each of the crimes in the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the following is again decided after oral argument.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the entries in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 30 of the Criminal Act, Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 30 of the Criminal Act, Article 14(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 30 of the Criminal Act, Article 14(1) of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 30 (1) of the Criminal Act (a) of the Act on the Protection of Children and Juveniles against Sexual Crimes, and Article 4-7(1)1 of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, Etc., and each Copyright Act.