All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

For the defendant 40 hours.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (Article 2 of the lower judgment: imprisonment with prison labor for a year and six months, 40 hours, 5 years restricted on employment, and forfeiture) is too unreasonable.

B. The sentence imposed by the prosecutor (the first judgment: imprisonment for August, 2 years of probation, 40 hours of order to attend a course, confiscation, 3 years of restriction on employment, and the second judgment: imprisonment for one year and six months, 40 hours of order to attend a course, 5 years of restriction on employment, and confiscation) by the court below is too unfasible.

2. The first instance judgment case and the second instance judgment case against the defendant were consolidated in the judgment of the court below ex officio. Each of the above combined cases against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1)2 of the Criminal Act.

Therefore, each judgment of the court below can no longer be maintained.

3. Accordingly, 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 as seen earlier, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); Article 71(1)2 of the Child Welfare Act; Article 17 subparag. 2 of the Child Welfare Act; Articles 17 subparag. 2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018);