The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (the grounds for appeal) of the lower court’s punishment (five years of imprisonment, etc.) is too unreasonable.

2. Determination ex officio on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act)

A. The summary of this part of the facts charged and key issues 1) The summary of this part of the facts charged are as follows: (a) the 11th and 12th of the judgment below’s 3th 14th 14th 3th 14th 2th 18th 3th 14th 14th 2th 2th 3th 14th 14th 2th 2th 14th 2th 2th 2th 2th 2th 2nd 14th 2nd 2nd 2nd 2nd 3th

Before rape was committed, similar rape was committed twice.

The prosecutor prosecuted the Defendant as “violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape)” in relation to rape, while “the act of each similar rape of the Defendant constitutes a separate crime without absorbing the crime of rape,” and also prosecuted the Defendant as “the act of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar sex).”

It is clear that the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is established against the defendant.

Here, the relationship between the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar sex) and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) is a problem.

The court below accepted the prosecutor's assertion and recognized the defendant's act of each similar rape as a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and considered the defendant's act of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as a substantive concurrent relation.

B. In a case where a criminal of the relevant legal doctrine related to the judgment of the court of a political party repeats similar rape and rape with respect to “a victim who is unable to resist due to the same assault and threat or who has been in a very difficult situation.”