The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Sexual assault, 40 hours against the defendant.

1. Progress of judgment;

A. The Defendant was prosecuted on April 10, 201 and April 15, 2017 as the charges of intimidation, assault against victims E, bodily injury, special intimidation, special injury, assault against the victim J, and rape.

B. The lower court found the Defendant guilty of the facts charged of assault against the victim E, bodily injury, special intimidation, special injury, and assault against the victim J, and found the Defendant guilty of the facts charged of assault against the victim E, and sentenced the Defendant not guilty of the facts charged of assault against the victim, intimidation on April 10, 2017 and rape on April 15, 2017, by deeming that each of the above crimes constituted concurrent crimes under the former part of Article 37 of the Criminal Act.

As to this, the Defendant appealed on the guilty part of the judgment of the court below on the grounds of the mistake of the injury, special intimidation, special injury, and assault against the victim J, and the mistake of facts about the guilty part of the judgment of the court below, and the prosecutor appealed on the grounds of mistake of facts and misapprehension of the legal principles as to the

C. In the trial prior to remand, the prosecutor filed an application for changes in the indictment with respect to intimidation on April 10, 2017, which the lower court acquitted, from “ around 13:00-14:00 on April 10, 2017,” the date and time of the crime with respect to intimidation on April 15, 2017, to “ around 13:0 to 14:00 on April 10, 2017,” and the date and time of the crime was “ around 14:0 on April 15, 2017,” respectively, and the trial prior to remand was permitted to change the date and time of the crime with respect to intimidation on April 15, 2017.

The judgment before remanding the case does not accept the allegation of mistake of facts and misapprehension of legal principles as to the defendant's assertion of mistake of facts and rape of a prosecutor, and there exists a ground for ex officio reversal due to changes of indictment in the judgment of the court below as to each of the intimidation. Since the modified facts charged and the guilty part of the judgment of the court below constitute concurrent crimes under the former part of Article 37 of the Criminal Act, the part of the judgment of the court below concerning