1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3. Sexual assault against the defendant for 80 hours.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment) is too unhued and unreasonable.

2. We examine ex officio prior to determining the prosecutor’s improper assertion of sentencing.

A. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, where a crime for which judgment has not yet been rendered could not be judged concurrently with a crime for which judgment has become final and conclusive, the relationship between concurrent crimes after Article 37 of the Criminal Act cannot be established. It is reasonable to interpret that a sentence may not be imposed, or mitigated or exempted from punishment, in consideration of equity in cases where a judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2014Do469, Mar. 27, 2014). (b) According to evidence duly adopted and examined by the lower court and this court, the Defendant is also sentenced to three years and six months before and after the judgment was rendered by the Seoul Southern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., theft), and the fact that the judgment became final and conclusive on July 26, 2013 (see Article 16).

(c)

Examining these facts in light of the above legal principles, since the crime of this case and the crime of the crime of the crime of the crime of this case cannot be adjudicated at the same time ( even if a judgment was rendered in one proceeding, it refers to a concurrent crime under the former part of Article 37 of the Criminal Act, which cannot be sentenced to one punishment, and a separate sentence shall be sentenced by a final and conclusive judgment, respectively), there is a concurrent crime under Article 37 of the Criminal Act after

subsection (b) of this section.

Unlike this, the lower court, on the premise that the crime of this case and the crime of this case, are concurrent crimes by the latter part of Article 37 of the Criminal Act, shall be judged concurrently with the crime of this case.