The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

1. The gist of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (two years and six months of imprisonment) is too unhued and unreasonable.

2. According to the evidence adopted and examined at the court below ex officio, the defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on May 11, 2017 due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) and the judgment became final and conclusive on May 19, 2017. Thus, the defendant's crime and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) with respect to which judgment became final and conclusive on May 19, 2017 is related to concurrent crimes under Article 37 of the Criminal Act, and should be sentenced to a punishment for the crime in the judgment of the court below in consideration of equity with the case where the judgment is to be held simultaneously.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following decision is delivered through pleadings.

[Majority Opinion] The summary of the facts constituting an offense and the evidence admitted by the court against the accused and the summary of the facts constituting an offense and the evidence related thereto are as follows: “Criminal facts” at the end of the judgment below’s “criminal records” was sentenced on May 11, 201 to six months by imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation of public places for sexual purposes) at the Seoul Central District Court on May 19, 2017.

In addition, “a summary of evidence” is as stated in each corresponding column of the judgment of the court below, except for the addition of “the Seoul Central District Court Decision and the date of confirmation of the criminal justice information system” to “before the end of 1.0,” and “a summary of evidence” is cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes.