The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. To examine ex officio the judgment (revision of indictment) prior to the judgment on the grounds for appeal.

In the first instance of the trial, the prosecutor applied for changes in indictment to the contents of Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act as special intimidation on the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) among the facts charged in the case of this case, and changed the applicable provisions to Articles 3(1) and 2(1) of the Punishment of Violences, etc. Act, and Article 284 and Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act as to the violation of the Punishment of Violences, etc. Act (the destruction and damage of collective weapons, etc.) as special damage, and Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act as Article 36

On the other hand, the court below recognized this part of the facts charged and the remaining facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced one punishment.

Therefore, the judgment of the court below is no longer maintained.

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

Criminal facts

The summary of the facts of the crime recognized by the court and the summary of the evidence related thereto are as follows: the part on the "Violation of the Punishment of Violence, etc. Act (collectively Weapons, etc.)" in the 19th sentence among the reasoning of the judgment of the court below, and the part on the "Violation of the Punishment of Violence, etc. Act (collectively Weapons, etc.)" in the 4 second sentence shall be changed to "Special Intimidation" and the part on the "Violation of the Punishment of Violence, etc. Act (collectively Weapons, etc.)" in the 4th

Application of Statutes

1. Criminal facts;