The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

1. The sentencing of the lower court (the first instance court: two years of imprisonment; the second instance court: the imprisonment with prison labor for four months; and the completion of a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. We examine the reasons for appeal ex officio prior to the judgment.

The judgment of the court below of first instance and the judgment of the court of second instance are in a concurrent relationship with each other under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any further since this court has to render a concurrent decision with regard to each of the above cases appealed.

B. In addition, with respect to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the first instance trial, the prosecutor applied for the amendment of Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act with regard to the possession of dangerous goods in the first instance trial. In addition, the prosecutor applied for the amendment of the indictment to the effect that “Article 258-2(1) and Article 257(1) of the Criminal Act are changed to “Article 258-2(1) of the Criminal Act and Article 257(1) of the Criminal Act,” and this part of the judgment of the court below is no longer maintained in this respect, since the same is changed to the subject of the judgment by permitting the amendment of the above indictment.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below in the judgment of the court of first instance and the judgment of the court below in the judgment of the court of second instance are all reversed, and the judgment below is

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts (the point of special injury), Article 366 of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 257(1) of the Criminal Act (the point of intimidation), Article 87(3) of the Military Service Act (the point of evasion of physical examination) regarding criminal facts, and each criminal law.