All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 40 hours against the defendant.

1. The punishment sentenced by the court below (No. 1: imprisonment of August and No. 2: imprisonment of the court below) on the summary of the grounds for appeal is too unreasonable.

2. This Court made ex officio judgments as an appeal against each judgment of the court below and tried both cases jointly. Each of the offenses in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, in accordance with Article 38(1) of the Criminal Act, a single sentence shall be imposed within the scope of a punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, each of

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows, after the oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: (a) except that the term “eight months of imprisonment” among the criminal records of the judgment of the court of second instance is deemed as “ten months of imprisonment”, and thus, it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the Act before it was amended partly by Act No. 17264, May 19, 2020), the choice of imprisonment for each of the options;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 16622, Nov. 26, 2019).