All judgment of the court below shall be reversed.

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

Sexual assault against the defendant for 120 hours.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant (unfairness) is against the mistake of the Defendant, and the Defendant committed a contingent crime while under the influence of alcohol, and that he/she was receiving mental treatment, the sentence of the judgment of the court of the second instance that sentenced to the order to complete a sexual assault treatment program for a period of 6 months and 80 hours is too unreasonable.

B. The first judgment of the court below, which exempted the prosecutor from disclosure notification order without specific and clear grounds, is in violation of the purport of requiring the defendant to simultaneously issue the disclosure notification order of personal information in principle against the defendant who committed a crime of indecent act by compulsion under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

(2) In light of the fact that the Defendant, following the victim, did not have the nature of committing a crime by deceiving her her m and her part, and that the Defendant had several records of punishment for the same kind of crime, etc., in the instant case of unfair sentencing, the sentence of the first instance judgment ordering the Defendant to complete the sexual assault treatment program for a fine of KRW 3 million and KRW 40,000,000 and KRW 40,000 is too unreasonable

2. Before determining the grounds of appeal for ex officio determination, each of the judgments of the court below is merged with each of the judgments of the court below, and 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 a sentence shall be imposed concurrently pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

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