The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Of the judgment of the second instance court on the misunderstanding of facts against the judgment of the second instance, the Defendant was unaware of the fact that the marina facilities at the time were seized, and even if the marina facilities were seized, the Defendant could sufficiently secure his claim by providing not only the marina facilities but also the deposited money and all other rights as security to the victim D, and it was thought that he could fully repay the borrowed money due to the normal operation of the marina at the time. Therefore, the Defendant did not have the intent to obtain fraud.

Nevertheless, the second instance court found the Defendant guilty of the instant fraud, which erred by misunderstanding the fact and adversely affecting the conclusion of the judgment.

B. On the first instance judgment, the Defendant was in a state of mental disability under the influence of alcohol at the time of committing a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Nevertheless, the court of first instance found the defendant guilty of the above crime without mitigation of mental disorder, which is improper.

C. The sentencing of the lower judgment on the first and second lower judgment on the grounds of unfair sentencing (Article 1: 2 years and 6 months of imprisonment, orders to complete sexual assault treatment programs 40 hours, and orders to complete the second lower judgment: one year of imprisonment) is too unreasonable.

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

The judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced to each of the above two appeals cases, and the court of second instance decided to jointly examine the above two appeals cases. The crimes of the court of first and second instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court of first and second instance cannot be maintained as it is.

However, despite the above reasons for ex officio destruction, the grounds for appeal by the defendant are among the reasons for appeal.