The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault against the defendant for 40 hours.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order to complete a sexual assault treatment program with 10 months or 40 hours’ imprisonment) is too heavy or unreasonable.

2. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, the Defendant was sentenced to imprisonment with prison labor for a period of two years, including a violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court on September 28, 2016, and the said judgment became final and conclusive on July 15, 2017.

However, each crime of the judgment below against the defendant is a concurrent crime with the above crime of violation of the Punishment of Violences, etc. Act (joint injury) and the latter part of Article 37 of the Criminal Act, which became final and conclusive, and the sentence should be imposed at the same time in consideration of equity with the case to be judged pursuant to the main sentence of Article 39 (1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the aforementioned grounds for reversal ex officio. The judgment below is reversed and it is again decided as follows after pleading.

【Grounds for another judgment of the court in light of the facts constituting a crime and the summary of evidence admitted by this court, the first head of the facts constituting a crime in the judgment of the court below was sentenced to a suspended sentence of two years for August 28, 2016 due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court on September 28, 201, and the judgment became final and conclusive on July 15, 2017.

In addition, “1. Investigation Report (the confirmation of Defendant’s final judgment)” is added to the summary of evidence, and it is identical to each corresponding column of the lower judgment, and thus, citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 299 and 298 of the Criminal Act (the point of forceful indecent act) and the choice of imprisonment with labor.