All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for ten years.

Sexual assault against the defendant for 80 hours.

1. The punishment (the first instance judgment of KRW 1: imprisonment with prison labor for 10 years and the second instance: imprisonment with prison labor for 10 months) that the first instance judgment and the second instance of KRW 2 on the grounds of appeal sentenced to the accused is too unreasonable;

2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant was rendered ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio. The court of appeal filed each appeal against the whole of the judgment of the court of appeal, and this court decided to concurrently examine the appeal case. Each of the crimes that the court of first instance and second instance found the defendant guilty against the defendant should be sentenced to a single punishment within the scope of the term of punishment where the aggravated punishment for concurrent crimes under Article 38 (1) of the Criminal Act is in a concurrent relationship under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court of first instance cannot be maintained

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 the judgment below is reversed in entirety and it is again decided as follows after the pleading.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 342, 334(2) and (1), 333, 297 of the Criminal Act concerning criminal facts, and Article 329 of the Criminal Act concerning the punishment of sexual crimes selected in the choice of a punishment (the occupation of special robbery, the choice of imprisonment for a limited term), and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment for a limited term);

1. Article 35 of the Criminal Act for aggravated repeated crimes: Provided, That in cases of crimes in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 42 of the Criminal Act shall apply;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.