All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The punishment of the lower court (the first instance judgment: imprisonment with prison labor for a year, April, 40 hours, order to complete a sexual assault treatment program, and the second instance judgment: imprisonment with prison labor for a year) is too unreasonable.

B. The form of the judgment of the court of first instance by the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment. Each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act, Article 366 of the Criminal Act, Article 331-2 of the Criminal Act, Article 257 (1) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning the crime, Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Where a conviction of the accused against the registration and submission of personal information under Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive.