1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. The defendant shall be forty hours.

1. The punishment sentenced to the accused (the first instance court: two years, and the second instance court: imprisonment with prison labor for one year and six months) of the summary of the grounds for appeal is too unreasonable;

2. We examine ex officio before determining the grounds for appeal by the Defendant and the prosecutor.

The Defendant received a separate sentence of the first and second original judgment and filed an appeal against each of the original judgment. This court decided to consolidate and examine each of the above appellate cases. The above judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be pronounced pursuant to Article 38(1) of the Criminal Act. As such, the first and second original judgment against the Defendant cannot be maintained.

In addition, Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018, concerning the criminal facts of quasi-rape in the first judgment, needs to be determined as to whether the employment restriction order is issued to welfare facilities for the accused. Therefore, the first judgment of the court of first instance has a ground for ex officio reversal.

3. In conclusion, 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 appeal, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 299 and 297-2 of the Criminal Act that choose a punishment (the point of quasi-Rape), Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act, Article 319(1) of the Criminal Act, which intrudes upon each building.