The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (five years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

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

In the first instance, a public prosecutor has filed an application for amendment to an amendment to an Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with regard to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under "Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes". The second sentence or lower of this part of the facts charged are as follows: (a) as stated in the crime column; and (b) as stated in Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes from among applicable provisions of this Act, the court has

Therefore, among the judgment of the court below, the part on the Special Act on the Punishment, etc. of Sexual Crimes against Defendant was unable to be maintained as it is. Since the above crime of Defendant and the remaining crimes in the judgment of the court below are regarded as concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained in its entirety.

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's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied reasoning of the judgment of the court below] The summary of facts constituting an offense and evidence recognized by this court and the summary of evidence are as follows, except for the following parts, so it is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

"1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)" (the last sentence of the judgment of the lower court) among the criminal facts of the lower judgment.