All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (the first instance court: 10 months of imprisonment; 40 hours of order; 3 years of restriction on employment; and 2 months of imprisonment) which each of the lower court pronounced against the Defendant is unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The defendant filed an appeal against the judgment of the court of first and second instance, and this court decided to jointly examine the above appeal cases.

However, since each of the offenses recognized by the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act, the lower judgment cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), and Article 1738 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020).