The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Sexual assault against the defendant for 40 hours.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. According to the records of ex officio determination, the defendant was sentenced to six months of imprisonment with prison labor and a fine of 300,000 won for special larceny in Seoul Northern District Court on September 27, 2017 and exempted on April 7, 2018 (Seoul Northern District Court 1530,320 (Consolidation), Seoul Northern District Court 2017, Seoul Northern District Court 2017, 2082, 2018Do595). Thus, the defendant's crime in the judgment of the court below against the defendant is related to the above special larceny, etc. for which the judgment became final and conclusive, and the latter part of Article 37 of the Criminal Act is concurrent crimes with the latter part of Article 39 (1) of the Criminal Act, and the judgment of the court below is no longer possible since it was sentenced without consideration.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are those who were sentenced to 6 months of imprisonment and 300,000 won of fine due to special larceny at the Seoul Northern District Court on September 27, 2017 and who became final and conclusive on April 7, 2018 after having been sentenced to exemption from punishment.

“A summary of evidence” is added and “a summary of evidence” is the same as the corresponding column of the judgment of the court below, except for adding “a previous conviction in the judgment of 1.0” to “a prior conviction in the judgment of 2017, 1530, 2017, 2017, 2082, 2018, 595, 2018, 2018, 595, and 369 of the Criminal Procedure Act. Thus, this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260(1) of the Criminal Act (the point of violence) and Article 298 of the Criminal Act (the point of forced indecent act) and Article 260 of the same Act concerning the facts of crime respectively.