The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Sexual assault, 40 hours against the defendant.

1. On the other hand, each of the defendants appealed to the court below's decision that the defendant's punishment (long-term two years, short-term one year and four months, order to attend lectures, confiscation and abandonment, and employment restrictions) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too unreasonable.

2. Ex officio determination

A. Although the Defendant was a juvenile under Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the lower court as a AD student, the lower judgment that sentenced the Defendant to an irregular sentence pursuant to the Juvenile Act was no longer maintained.

(b) No crime of intimidation shall be prosecuted against the express will of the victim in accordance with Article 283(3) of the Criminal Act, which falls under paragraph (1) of the same Article.

According to the records, since the victim D submitted to the court below a written agreement that he did not want to punish the defendant on April 24, 2020, which was prior to the decision of the court below, the court below should dismiss the public prosecution by judgment pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act regarding intimidation among the facts charged.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and there is a violation of Article 327 subparagraph 6 of the Criminal Procedure Act.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and it is again decided as follows after oral argument.

[Dao-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column except for deletion of paragraph (4) of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. For the purpose of sexual purposes under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;