All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 (six months of imprisonment) is too unreasonable.

B. The punishment of the court below's judgment of the second instance (two months of imprisonment, three years of suspended execution, three years of probation, 80 hours of community service, and 40 hours of order to attend sexual assault treatment lectures) is too unfluent and unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

As the judgment of the court of first instance and the judgment of the court of second instance against the defendant, the prosecutor filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above two cases of appeal. Since the crimes of the court of first and second instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first and second instance cannot be maintained.

3. If so, the court below's judgment Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's allegation of unfair sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after oral argument.

[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be the same as the relevant column of the judgment of the court below.

Application of Statutes

1. Relevant Articles 311 and 311 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 298 of the Criminal Act and the choice of punishment for the crime, the choice of punishment for each crime

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

1. The conviction of a sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall become final and conclusive.