All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by six years of imprisonment.

40 hours per the defendant.

1. This court, ex officio, tried to consolidate the appeal cases against the judgment below Nos. 1 and 2. The judgment below against the defendant should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained.

However, even if there is such reason for reversal of authority, the defendant's argument of mental and physical weakness is subject to the judgment of this court.

2. The Defendant asserts that he had mental and physical weakness due to mental illness, etc. at the time of committing the crime.

However, in light of the content and method of the instant crime, which was found in the record, the Defendant had no or weak ability to discern things at the time of the crime.

does not appear.

The defendant's assertion disputing this cannot be accepted.

3. The conclusion of the judgment below is reversed without examining the defendant's unfair argument of sentencing, and it is again decided as follows through pleading.

【Grounds for another judgment】 The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of the judgment of the court below in the first and second instances, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 301, 300, 297 of the Criminal Act (the point of injuring rape and the choice of imprisonment with labor), Articles 284, 283(1) (the point of special intimidation, the choice of imprisonment with labor) of the Criminal Act, Articles 258-2(1) and 257(1) of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment heavier than the punishment provided for in the crime of rape);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Special cases concerning the punishment, etc. of sexual crimes under an order to disclose or notify;