The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be treated for 40 hours of sexual assault.

1. The decision of the court below on the summary of the grounds for appeal (the completion of a sexual assault treatment program for one year and 40 hours) is too unreasonable;

2. We examine ex officio the grounds of appeal for ex officio determination prior to determination.

According to the records, the defendant was sentenced to one year of imprisonment with prison labor at the Jeonju District Court on June 3, 2014 and confirmed on November 28, 2014, and the above judgment has become final and conclusive. Since each crime and the above crime of fraud, etc. for which judgment of the court below has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for each crime of the judgment of the court below should be imposed in consideration of equity with which judgment is to be rendered simultaneously in accordance with the former part of Article 39(1) of the Criminal Act, so the judgment of the court

3. Accordingly, 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 ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to one year of imprisonment with prison labor at the Jeonju District Court on June 3, 2014 and the above judgment became final and conclusive on November 28, 2014" in the front of the criminal facts of the judgment of the court below; and "the previous conviction in the judgment of November 28, 2014" was added to "the summary of the evidence: the investigation report (the report accompanied by the copy of the judgment)" as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance

Application of Statutes

1. Relevant Articles 347(1) and 348 of the Criminal Act, Article 298 of the Criminal Act, Article 257(1) of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, the choice of punishment for a crime, the choice of punishment for imprisonment;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;