The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

1. The main point of the grounds for appeal is that the sentencing of the lower court (the imprisonment for a maximum of three years and six months, the short of three years, and the number of sexual assault treatment programs 80 hours) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the health unit ex officio prior to the judgment on the grounds for appeal, and the defendant is Kins and was sentenced to an irregular term of punishment as a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the defendant has reached the age of majority in the trial. As such, the judgment of the court below that sentenced the defendant to an irregular term

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, on the ground that the above grounds for appeal are reversed ex officio, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 8 (1) and 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes concerning the facts constituting an offense, and Article 7 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to the act of similarity of minors under the age of 13);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated injury resulting from rape, etc. committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which has any heavier punishment)

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Under the principle of prohibition of disadvantageous alteration in the instant case in which the lower limit of the punishment sentenced to discretionary mitigation has been sentenced to imprisonment with prison labor for not less than five years or only the Defendant appealed, a sentence of imprisonment with prison labor for a short term less than three years shall not be sentenced. Thus, a sentence of three years shall be sentenced.