All judgment of the court below shall be reversed.

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

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Defendant 1) Physical and mental weak (the part concerning the crime indicated in the lower judgment) Defendant was in a mental and physical weak condition at the time of committing this part of the crime.

2) The sentence of the lower court’s respective punishment of KRW 1 and 2 (the first instance court: 3 years’ imprisonment, etc.; 2 years’ imprisonment: June, etc.) is too unreasonable.

B. Each sentence of the lower court’s 1 and 2 of the Prosecutor is too unhued and unreasonable.

2. After the judgment of the court below was rendered with respect to the defendant ex officio, the defendant and the prosecutor filed each appeal against the judgment of the court below, and this court decided to hold a joint hearing of each of the above appeals cases.

Each of the crimes in the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for reversal ex officio, the defendant's argument of mental and physical weakness on the first instance judgment is still subject to the judgment of this court, so this is examined.

3. In light of various circumstances, such as the background leading to the Defendant to commit this part of the crime, the means and method of committing the crime, and the fact that the Defendant makes a statement to a certain degree of memory before and after the commission of the crime, etc., whether the Defendant had weak ability to discern things or make decisions at the time of committing the crime.

It is difficult to see it.

Therefore, the defendant's above assertion is without merit.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed in entirety, and it is again decided as follows through the pleading.

[Grounds for another judgment]