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, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Defendant 1’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s 2nd sentence (one year of imprisonment) is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the judgment of the first instance and the second judgment were rendered, and the defendant filed an appeal against them, respectively, and the court decided to concurrently examine the above two appeals cases.

However, since each crime of the first and second original judgments is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be sentenced in accordance with Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained as they are.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act (Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act (Article 314(1) of the Criminal Act (Article 314(2) of the Criminal Act), Article 319(1) of the Criminal Act (Article 331-2 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 366 of the Criminal Act (Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act (Article 329(1) of the Act on the Aggravated Punishment,

1. Articles 40 and 50 of the Criminal Code of the Standing Committee on the Aggravated Punishment, etc. of Specific Crimes (the same shall apply to the crimes of intimidation, intimidation, etc.).