All the defendant's case parts of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. The sentencing of Defendant 1 and the second instance court is too inappropriate.

B. The sentencing of the first instance court by the prosecutor is too uncomfortable.

2. The court rendered a ruling of ex officio determination by combining each of the appeals cases in the first and second original judgments against the defendant. Of the first and second original judgments, the first and the second original judgment rendered a judgment of conviction, and the defendant and the prosecutor appealed on this issue.

The second instance court sentenced the accused case to dismiss the prosecutor's request regarding the case of conviction and the case of request for attachment order, and only the accused appealed.

Accordingly, the scope of this court's adjudication shall be limited to the defendant's case of the first and second court's judgment.

Since each crime in the former part of Article 37 of the Criminal Code is concurrent crimes, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code, it cannot be maintained any more.

3. As seen earlier, there exists a ground for ex officio reversal prior to the conclusion, the part of the first and second original judgment pursuant to Article 364(2) of the Criminal Procedure Act, without examining the argument of unfair sentencing by the Defendant and the prosecutor, shall be reversed, and the following decision shall be rendered again through pleading

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting the crime and the summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding columns of the first and second original judgments. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 8(1) and Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of each Criminal Act, Article 319(1) of the Criminal Act, Article 319 of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (the occupation of a person causing bodily harm by compulsion by force, the choice of a