The judgment of the court below is 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 is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of six months and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to Article 323(1) of the Criminal Procedure Act, criminal facts, the summary of evidence, and the application of statutes must be specified in the judgment of conviction, and in a case where any one of them is omitted in whole in the grounds for judgment of conviction, it shall be a violation of the law that affected the judgment under Article 383 subparag. 1 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2009Do3535, Jun. 25, 2009). Therefore, according to the reasoning of the judgment below, the court below only stated only the criminal facts and the application of the law in the grounds for judgment when it is declared a guilty verdict against the defendant, and found that the summary of evidence was omitted, which affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The facts constituting an offense acknowledged by this court are identical to the corresponding column of the judgment of the court below, except where the second sentence is added from the bottom of the judgment of the court below to the "west," and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The defendant's oral statement on the nine trial date of the original instance;

1. Application of the law on the legal statement of the witness C of the court below

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor, concerning criminal facts;

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

1. Punishment, etc. of sexual crimes committed against him/her;