All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant 1 (five months of imprisonment and 80 hours of order to complete the course) and the sentence imposed by Defendant 2 (three months of imprisonment and 24 hours of order to complete the course) that Defendant 1 sentenced to the first instance trial is unfair as it is too unreasonable.

B. The sentence imposed by the Prosecutor (the second instance judgment against the lower judgment) on the Defendant is too unfasible and unfair.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and second court against the defendant was rendered, and the defendant was sentenced to the judgment of the second and second court, and the prosecutor filed an appeal against the judgment of the second court on the grounds of unfair sentencing, and the court decided to concurrently deliberate on the above two appeals cases. The first and second court decided to jointly deliberate on each of the above two appeals cases. Since the crimes of the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's unfair assertion of sentencing and the prosecutor's second judgment's unjust assertion of sentencing.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the judgment of the court of first instance with heavier penalty for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Cpopulated Places)];

1. Order to complete a program;