The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 80 hours against the defendant.

ex officio determination is made. A.

The establishment and punishment of a crime shall be governed by the law at the time of the act (Article 1(1) of the Criminal Act), and when the act does not constitute a crime due to the change of the law after the crime, or when the punishment is more severe than the former law

(Article 1(2) of the Criminal Act).

Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act on the Protection of Juveniles against Sexual Abuse”) provides that “any person who commits a crime under Article 298 of the Criminal Act against a child or juvenile shall be punished by imprisonment for a term of at least one year or by a fine of at least five million, but not exceeding 20,000 won” (hereinafter “Juvenile Protection Act”), which was enforced at the time of the occurrence of the crime under paragraphs (1) through (5) of the facts charged in the instant case. Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) provides that “any person who commits a crime under Article 298 of the Criminal Act against a child or juvenile shall be punished by imprisonment for a term of at least two years or by a fine of at least ten million,000,00 won.

C. Therefore, with respect to the crime under paragraphs (1) through (5) of the facts charged in the instant case, the former Juvenile Protection Act shall apply to the punishment more minor than that at the time of trial.

However, the court below applied the revised Juvenile Sex Protection Act to the above crimes, which is more severe than the former Juvenile Sex Protection Act.

This judgment of the court below is erroneous in the application of the law and thereby affecting the conclusion of the judgment.

In addition, as above, the part of the court below's application of the law should be sentenced to a single punishment in relation to the remaining criminal facts as stated in the judgment of the court below and concurrent crimes as defined in the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below is justified.