The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Sexual assault, 80 hours against the defendant.

Summary of Grounds for Appeal

The sentence of the lower court (six years of imprisonment) shall be too unhued and unreasonable.

In the trial for the ex officio judgment, the prosecutor applied for changes in the indictment to the purport that Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act are amended to Article 284 and Article 283(1) of the Criminal Act, among the crimes against the defendant and the person subject to a request for an attachment order (hereinafter referred to as "the defendant"), among the crimes committed against the defendant and the person subject to a request for an attachment order (hereinafter referred to as "the defendant"), and the judgment of the court below cannot be maintained further because the court has changed to the subject of a trial by granting permission

According to Article 9(5) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders for the Determination of the part on the claim for attachment order (hereinafter “Electronic Device Attachment Act”), the part on the claim for attachment order to be issued simultaneously after hearing the case at the same time, unless the aforementioned ground for reversal exists with respect to the case prosecuted as above.

(2) Article 364(2) of the Criminal Procedure Act and Articles 9(5) and 35 of the Electronic Monitoring Act (see, e.g., Supreme Court Decision 2012Do5291, Jun. 28, 2012). As such, the lower court determined that the lower court erred by misapprehending the Prosecutor’s ex officio reversal on the grounds of such an ex officio reversal, without determining the Prosecutor’s allegation of unreasonable sentencing, and further rendered a judgment following pleadings.

Criminal facts

The summary of the judgment of the court below and the summary of evidence shall be deducted from the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) in Part 3, Section 11 as "4. Special Intimidation," and thus, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The phrase “before wholly amended by Act No. 11556, Dec. 18, 2012, as Act No. 11556 on Special Cases Concerning the Punishment, etc. of Sexual Crimes” under each of the relevant provisions on criminal facts.