All judgment of the court below shall be reversed.

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

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court to the defendant (unfair punishment) is too unreasonable.

B. The second instance judgment of the prosecutor (in fact-finding and unreasonable sentencing) sentenced the Defendant to an excessive sentence of imprisonment for three months, considering that the Defendant was in a state of mental and physical disability at the time of committing the crime by misunderstanding the facts.

2. Determination

A. As seen earlier, the judgment of the court below rendered a judgment on the defendant ex officio and the defendant or the prosecutor filed an appeal, and this court decided to hold concurrent hearings. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment on the corresponding part cannot be maintained.

However, despite the above reasons for ex officio reversal, the prosecutor's argument of mistake related to the second judgment is still subject to the judgment of this court, and this will be examined first below.

B. In full view of the relevant legal principles and the evidence duly examined by the second instance court as to the prosecutor’s assertion of mistake, it is sufficiently recognized that the Defendant had weak ability to discern things or make decisions due to editing and reproduction at the time of committing the crime.

This part of the prosecutor's argument is without merit.

3. As seen earlier, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the defendant's judgment and the prosecutor's assertion of unfair sentencing on the relevant judgment, and the decision is again made after pleading as follows.

[Discrimined Judgment] Criminal facts and summary of evidence acknowledged by the court are subject to the right of the defendant as a editing soldiers after the part of criminal facts in the first instance judgment [criminal records].