The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

A sexual assault therapy program against the defendant.

1. Summary of grounds for appeal;

A. The Defendant, under agreement with the victim, was sexual intercourse, and at the time the victim was not in a state of loss of mental or physical health or incompetence due to the interview.

Nevertheless, the court below convicted the Defendant of the violation of the Act on the Protection of Juveniles against Sexual Abuse, and there is an error of law by misunderstanding the fact and affecting the conclusion of the judgment.

B. The sentencing of the lower court’s unfair sentencing (five years of imprisonment, and 80 hours of sexual assault treatment program) is too unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant, as stated in the facts constituting the crime of the lower judgment, was sentenced to imprisonment for a maximum of six months with labor for a crime of violation of the Punishment of Violences, etc. Act (joint conflict) in the Cheongju District Court’s Assistance on July 6, 2017, and the said judgment became final and conclusive on July 14, 2017, on the grounds that the Defendant was sentenced to a suspended sentence of one year for a short of four months, and was sentenced to a suspended sentence of imprisonment with labor for a period of six months for a short term and on the short term of four months, as stated in the facts constituting the crime of the lower judgment, on September 13, 2018, which was committed from September 20 to September 22, 2016 by the Daejeon District Court from September 20 to September 22, 2016.

According to the above facts, since the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse and the above violation of the Punishment of Violences, etc. Act (joint rapion), for which the judgment became final and conclusive, and the crime of violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse (mediation, etc.) committed by the Defendant on June 8, 2017, all of the concurrent crimes committed after Article 37 of the Criminal Act, the punishment for the crime of violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse (rape) shall be imposed by considering equity in cases where a judgment is simultaneously made pursuant to the proviso of Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

However, despite the above reasons for reversal, the part concerning mistake of facts among the reasons for appeal by the defendant constitutes still subject to deliberation.