The part of the judgment of the court of first instance regarding the defendant and the part of the judgment of the court of second instance concerning the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years, 40 hours, and 6 months) of the lower court’s punishment (e.g., imprisonment with prison labor for three years, 40 hours, and 6 months) is too unreasonable.

2. Ex officio determination

A. The Defendant filed an appeal against the entire judgment of the lower court, and the said court decided to jointly deliberate on the appeal cases.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

B. Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the first instance court rendered a judgment dismissing a prosecutor’s request regarding the part of the Defendant’s case and the part on which the request for attachment order was filed, on which only the Defendant appealed. As such, the part on the request for attachment order of the first instance court did not have any interest in appeal, and thus, this part is excluded from the scope of the

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

【Grounds for the Judgment of the court below which has been written] Criminal facts and the summary of evidence recognized by the court below and the summary of evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding “the defendant’s oral statement” to “the summary of evidence” column of the judgment of the court of first instance.

Application of Statutes

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of rapes and the choice of limited imprisonment), and Article 331 (2) and (1) of the Criminal Act (the occupation of larceny) of the relevant criminal facts;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.