All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Each sentence (the first instance court: imprisonment with prison labor for one year and four months, and the second instance court: imprisonment for eight months and the order to complete a sexual assault treatment program) imposed on the Defendant by the lower court is too unreasonable.

B. The above sentence imposed on the Defendant by the prosecutor of the first instance judgment is too unfasible and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this Court tried to deal with each appeal case against the judgment of the court below, and each of the offenses against the defendant in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment, which has increased concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 284, Article 283(1) of the Criminal Act, Article 261, Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 360(1) of the Criminal Act, Articles 369(1), 366 of the Criminal Act, Article 29(1), Article 298 of the Criminal Act, Article 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;