The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (limited to four years of imprisonment, 40 hours of completing sexual assault treatment programs, and 5 years of employment) declared by the lower court is too unreasonable.

2. On May 2018, the lower court ex officio determined that Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “current Act”) was applied to the criminal facts of taking pictures using a Kameras for the first time.

However, Article 14(1) of the current Act provides that statutory punishment shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won. Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Act”) provides that statutory punishment shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 10 million won. As such, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall apply to

Since the lower court erred by applying Article 14(1) of the current Act concerning the facts constituting an offense in this part while sentencing a judgment on January 31, 2019, it cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to the corresponding column of the judgment of the court below, except that the second part of the court below's second part of the 11st sentence "after joining the defendant's house" as "after leaving the defendant's house". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 297 of the Criminal Act regarding criminal facts, the choice of punishment, and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018)

1. Article 37 of the Criminal Code among concurrent crimes.