All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault against the defendant for 160 hours.

1. The main sentence of the appeal is too heavy.

2. The first and second judgments of the lower court on the Defendant’s ex officio determination were separately sentenced, and both the Defendant filed an appeal.

This Court decided to consolidate two appeals cases with one another.

Therefore, since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in its entirety and it is so decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in the corresponding column of the judgment below.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) The point of taking the list of crimes No. 1 through No. 3 of the 2nd judgment: Article 14-2(1) of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Amended by Act No. 10258, Apr. 15, 2010);

(b) The point of taking a picture of [Attachment 4 through 24] the list of crimes in the annexed list of crimes Nos. 1, 2 and 2 of the first instance judgment: Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012)

(c) The point of possession of the list of crimes in annexed to the resolution of the first instance trial: Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(d) A point of sexual traffic: Article 21 (1) of the Act on the Punishment of Acts of Arranging, etc. of sexual traffic;

2. Selection of each sentence of imprisonment;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before the order to complete a program (amended by Act No. 10567, Apr. 7, 201; wholly amended by Act No. 11556, Dec. 18, 2012) and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (No. 3 through 16, and the list of crimes listed in the judgment of KRW 1).