The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Sexual assault against the defendant for forty hours.

1. According to the records on the Defendant’s appeal, the Defendant was detained on September 23, 2016, and was detained in the Suwon Detention House at the time when the lower court sentenced the Defendant to four months of imprisonment due to forced indecent act, etc. on November 4, 2016. The attorney-at-law in charge of B, a defense counsel of the Defendant, submitted a petition of appeal to the lower court on November 7, 2016, by mail, and submitted the petition of appeal to the lower court, stating the Defendant’s name and affixed a seal thereon, without any indication that the Defendant is either a signature or a document submitted by the defense counsel.

Thus, the defendant's appeal constitutes a case where it is obvious that the filing of an appeal violates the legal method under Article 360 (1) of the Criminal Procedure Act, and thus, it shall be dismissed by a ruling in accordance with Articles 362 (1) and 360 (1) of the Criminal Procedure Act. However, as seen below, as long as the judgment of the court below is reversed ex officio, a separate decision shall not be made or the defendant's appeal shall not be dismissed in the text of the judgment.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (unfair sentencing) is as follows: (a) the instant crime committed by the Defendant several times with the arms of female police officers dispatched by the Defendant after being reported 112, and, at the same time, committing an indecent act by forceing the right chest of the said police officer, and at the same time obstructing the police officer’s performance of official duties; (b) the Defendant denied the Defendant’s forced indecent act, thereby causing secondary damages to have the victimized person give testimony at the court of original instance; and (c) the injured person was not compensated until the trial was in the first instance; and (d) the injured person was punished by the Defendant. In light of the above, the lower court’s sentence that sentenced four months of imprisonment is too unjustifiable.

B. We examine ex officio the grounds for appeal on the ground of ex officio judgment prior to determination.

The lower court shall prescribe Article 2(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.