All judgment of the court below shall be reversed.

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

Sexual assault against the defendant for 120 hours.

1. Summary of grounds for appeal;

A. The punishment of Defendant 2’s decision on the judgment of the lower court ( imprisonment with prison labor for a period of two years and six months) is unreasonable.

B. The sentence of each prosecutor’s original judgment (the first instance judgment: 3 years of imprisonment with prison labor, 5 years of suspended execution, and 2 years of imprisonment with prison labor, etc.) is unreasonable.

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

Upon the pronouncement of the first and second judgment against the defendant, the prosecutor appealed against the first and second judgment, and the second judgment against the defendant and the prosecutor respectively for the reason of unfair sentencing, and the court of the first instance decided to concurrently examine the second appeal cases.

However, since each crime of the first and second judgment in the judgment of the court is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below against the defendant became unable to be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

【Grounds for another judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to the statements in the corresponding columns of the judgment below 1 and 2. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 7(5) and 7(1) (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse (referring to the negative between children and juveniles by force, and multiple sexual intercourses by using the same assault and intimidation) are constituted a simple crime (see, e.g., Supreme Court Decision 70Do1516, Sept. 29, 197). Imprisonment choice), Article 297 of the Criminal Act (Rape), Article 276(1) of the Criminal Act (the point of detention, the choice of imprisonment), and Article 276(1) of the Criminal Act.