All the defendant's case parts of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to 13 years.

1. The sentencing of the Defendant (the first instance court: the imprisonment of eight years and the second instance court: the imprisonment of five years) on the summary of the grounds for appeal is too unreasonable.

2. The court rendered a ruling of ex officio determination by combining each of the appeals cases in the first and second original judgments against the defendant. Of the first and second original judgments, the first and the second original judgment rendered a judgment of conviction, which only the defendant appealed.

The second instance court sentenced the accused case to dismiss the prosecutor's request regarding the case of conviction and the case of request for attachment order, and only the accused appealed.

Accordingly, the scope of this court's adjudication shall be limited to the defendant's case of the first and second court's judgment.

Since each crime in the former part of Article 37 of the Criminal Code is concurrent crimes, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code, it cannot be maintained any more.

3. As seen earlier, there exists a ground for ex officio reversal prior to the conclusion, the part of the first and second original judgment pursuant to Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, shall be reversed, and the following is again decided after oral pleadings.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting the crime and the summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding columns of the first and second original judgments. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crimes, Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 29 of the Criminal Act;

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