All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault, 40 hours against the defendant.

The sentence of the original judgment (the first instance judgment: imprisonment with prison labor for one year, and imprisonment with prison labor for four months) is too unreasonable for each of the reasons for appeal.

2. The grounds of appeal are examined ex officio before determining the grounds of appeal.

The judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the defendant filed an appeal against them, and this court decided to jointly examine the two appeals cases.

However, each crime of the judgment below should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court and the summary of evidence are identical to the facts of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 13 (1) of the Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), and Article 13 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) concerning criminal facts;

1. The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from the disclosure and notification order of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.