All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The sentence of unfair sentencing (the first instance judgment: imprisonment with prison labor for four months and the second instance judgment: imprisonment with prison labor for three months, etc.) of the lower court is too unreasonable.

2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against the first and second judgment on the judgment of the court below, and the court decided to hold the above two cases together.

Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.

However, despite the above reasons for ex officio destruction, the defendant's mental and physical disorder is still subject to the judgment of this court, and this is examined below.

3. In light of the background, method, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, the Defendant did not seem to have lost or weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's mental disorder is not accepted.

4. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;