The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to four years and six months of imprisonment, order to complete 40 hours of imprisonment, and confiscation) is too unreasonable.

2. Determination: (a) the Defendant committed each of the larceny crimes of this case when he was sentenced to imprisonment with prison labor for more than four years on account of the theft crimes of this case, and was sentenced to imprisonment with prison labor for more than one year; (b) while driving a truck, the Defendant committed a crime with a charge to capture or racing, which is not the Defendant’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s

However, the Defendant appears to be against his mistake by recognizing all the instant crimes, and agreed with the victim of the instant crime using the camera, etc., and the said victim wanted to have the Defendant’s preference in the trial. The sentencing guidelines of the Sentencing Commission on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Sentencing Commission are two to four years and six months, and the sentencing guidelines of the Defendant’s age, career, character and behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc. are considered to be unfair by comprehensively taking into account all the sentencing conditions of the instant case, such as the Defendant’s age, career, character and behavior, environment, family relationship, and circumstances after the crime

3. As such, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The judgment of the court below as to the applicable law and punishment concerning the facts constituting the crime.