The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for fourteen years.

Sexual assault against the defendant for 120 hours.

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below against the defendant (16 years of imprisonment) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Before making decisions on the grounds for appeal for ex officio judgment, this paper will examine ex officio.

In the trial of the court, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the term "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" into "Habitual Night Larceny", and "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" as "Articles 330, 329, and 342 of the Criminal Act" as "Articles 332, 330, 329, and 342 of the Criminal Act" as "Article 33

Therefore, this part of the judgment of the court below was modified, and this part of the judgment should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining criminal facts as stated in the judgment of the court below.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and prosecutor's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the judgment of multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of the evidence, and summary of the evidence, except for the case where the title of paragraph (5) of the criminal facts is changed from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) to "Habitual Night Rape" to "Habitual Night Rape", are as stated in the corresponding column of the judgment of the court below

Application of Statutes

1. Article 3(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 334 and 298 of the Criminal Act, and Article 3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, concerning the Punishment, etc. of Specific Crimes.