The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

Summary of Grounds for Appeal

A. The sentence imposed by the lower court (one year of imprisonment, 40 hours of order, 3 years of employment restriction order, confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Ex officio determination

A. The lower court respectively applied Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the criminal facts stated in paragraph (1) of the lower judgment.

However, Articles 12 and 14(1) of the current Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) (amended by Act No. 17264 of May 19, 2020 and enforced the same day. As such, the current Act on the Punishment, etc. of Sexual Crimes cannot be applied to the above criminal facts committed by a criminal defendant prior to the enforcement of the current Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) (the statutory penalty is imprisonment for not more than one year or a fine not exceeding 300,000 won) and Article 14(1) (the statutory penalty is imprisonment for not more than 5 years or a fine not exceeding 300 million won).

B. Furthermore, the lower court found the Defendant guilty of committing an attempted crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but omitted application of the statutes.

C. In this respect, the lower judgment cannot be maintained as it is.

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

[The reasons for the judgment of multiple court] The summary of criminal facts and evidence is recognized by the court.