The judgment of the court below is reversed.

As to the crimes of No. 1 and No. 2 in the judgment of the defendant, the crimes of No. 3 in the judgment shall be punished by imprisonment with prison labor for ten months.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Person with Disabilities) (Article 1-A of the facts stated in the lower judgment) Defendant was guilty of this part of the facts charged on the sole basis of the above victim’s statement, even though he did not have attempted to capture her son E or to spread her chest as stated in this part of the facts charged, the lower court found the Defendant guilty of this part of the facts charged.

2) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.) (Article 3 of the facts charged in the lower judgment) recognize that the Defendant committed an indecent act against the victim Q as described in this part of the facts charged, but the said victim suffered injury as described in this part of the facts charged, due to the Defendant’s indecent act.

It cannot be seen, even if the injury suffered by the above victim was due to the defendant's indecent act, it does not constitute an injury in the crime of injury resulting from forced indecent act. Thus, the court below which found the defendant guilty of this part of the facts charged, erred by misapprehending the facts and the legal principles.

B. The sentence of the lower court (a year of imprisonment with prison labor for a crime No. 1 and 2 as indicated in the lower judgment, and a crime No. 3 as indicated in the lower judgment’s decision) against an unfair defendant is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

A. According to the evidence duly adopted and examined by the court below, the defendant was sentenced to six months of imprisonment by the Seoul Northern District Court on September 20, 2018 due to a violation of the Road Traffic Act (refluence of alcohol measurement) and a violation of the Road Traffic Act (non-licenseed driving) at the Seoul Northern District Court on September 20, 2018, and the judgment became final and conclusive on the 28th of the same month, and the crime of violation of the Road Traffic Act (refluence of alcohol measurement) against which the judgment becomes final and conclusive on September 28, 2018 is concurrent crimes under Article 37 of the Criminal Act.