Of the judgment below, the part of the defendant case shall be reversed.

The punishment of the accused shall be determined by two years.

1. Summary of grounds for appeal;

A. Each sentence of the lower judgment (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and the second instance judgment: imprisonment with prison labor for 4 months) by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is deemed unfair.

B. A prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable, and thus, is unreasonable. (2) The lower court’s dismissal of a prosecutor’s request for an attachment order on the ground that the Defendant, at the time of the instant indecent act by compulsion, was tried to commit rape and similar rape, but at the same time, commits a sexual crime, and thus, is likely to repeat the Defendant’s request for an attachment order

2. The judgment ex officio on the part of the defendant's case and the prosecutor's grounds for appeal are examined ex officio prior to the judgment.

The judgment of the court of first instance and the judgment of the court of second instance rendered against the defendant, and the prosecutor filed each appeal against the judgment of the court of second instance, and this court decided to hold a joint hearing of the above two appeals. Since the first and second offenses against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first and second instance cannot be maintained as they are.

3. The following circumstances acknowledged by the record on the part of the claim for attachment order (i.e., evaluation of the degree of danger of a Korean sexual offender (K-SORAS) and the total score 8 points as a result of the evaluation of the risk of recidivism, and the result of the evaluation of the PC-R’s selection of a mentally ill person (PCL-R) and the overall score 13 points are evaluated as the intermediate level (K-SSAS is at least 13 points and the total score is at least 25 points). (ii) The punishment imposed on the Defendant and the sexual assault treatment program are expected to have the effect of preventing recidivism and correcting character and behavior of the Defendant.