The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

In the trial of a party, the prosecutor applied the applicable law to “special confinement” under Article 3(1) and Article 2(1)2 of the Punishment of Violences, etc. Act as “Article 278 of the Criminal Act,” and applied law to “Article 278 of the Punishment of Violences, etc.”. The court permitted this and changed the subject matter of the trial. As seen thereafter, as long as the court found the Defendant guilty of the changed facts charged, this part shall be sentenced to a single sentence within the scope of the term of punishment, since the remaining facts charged by the court below and concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes under Article 38(1) of the Criminal Act with the remaining facts charged by the court below. Thus, the court below cannot be maintained any further.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Punishment of the crime

The facts constituting the crime acknowledged by this court are identical to the corresponding column of the judgment below, except for the alteration of the "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" to "special confinement" as the 15th page of the judgment of the court below, and therefore, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the facts constituting the crime recognized by this court is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on Criminal Crimes, and the Criminal Act.