All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

The main points of the grounds for appeal (e.g., punishment 1: imprisonment with prison labor for 4 years, etc., and imprisonment with prison labor for 8 months) of each court below is too unreasonable.

The judgment of the court below on the judgment of the court below was rendered, and the defendant filed an appeal against each judgment of the court below, and this court decided to consolidate each of the above appeal cases and examine it.

The judgment of the court below against the defendant shall be sentenced to a single sentence within the scope of a prison term imposed pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment below, except where the "written statement of the defendant at the trial" is added to the summary column of evidence as stated in the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment with labor), Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of sexual intercourse with children and juveniles by force, the choice of limited imprisonment with labor), Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the proviso to Article 42 of the Criminal Act shall not apply to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Article 42 of the Criminal Act / [Article 42 of the Criminal Act / [Article 37 of the Act on the Protection of Children and Juveniles against Sexual Abuse with the largest penalty]