The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable as the Defendant (unfair sentencing)’s punishment is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The prosecutor's ex officio judgment (Amendments to Bill of Indictment) changed the term "violation of the Punishment of Violences, etc. Act (imprisonment with a deadly weapon, etc.)" to "special confinement", "Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)", and "Violation of the Punishment of Violences, etc. Act (a collective violence with a deadly weapon, etc.)" to "special assault", and the applicable legal provisions thereof, "Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act, Article 276 (2) of the Criminal Act, Article 278 and Article 276 (1) of the Criminal Act, Article 276 (1) of the Punishment of Violences, etc., and Article 3 (1) and (2) of the Criminal Act, Article 5 (1) and (2) of the Punishment of Violences, etc. Act, and Article 5 (2) 7 (1) of the Criminal Act, respectively.

On the other hand, each of the facts charged and the remaining facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Accordingly, the judgment of the court below is no longer maintained in its entirety.

4. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court.