All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months, 40 hours, 3 years employment restriction order, 1 month of the judgment below) that the court below sentenced (e.g., imprisonment with prison labor for 1 month, 1 month of the judgment below) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, 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. This court decided to hold concurrent hearings of the above two appeals cases. Since the crimes of the court of second instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and it is so decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of the evidence is identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Relevant Articles 299 and 298 of the Criminal Act, Article 347(1) of the Criminal Act and the choice of punishment for the crime, the applicable Articles of the Criminal Act and the choice of imprisonment for each of the following:

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The judgment of the court below which is a sex offense subject to registration and submission of personal information under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Welfare of Disabled Persons Act.