All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 40 hours against the defendant.

1. Each sentence of the lower court (the first instance judgment: three years of imprisonment; 40 hours of completion of sexual assault treatment programs; 3 years of employment restriction orders; and 3 years of imprisonment) against the Defendant based on the summary of the grounds for appeal is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The judgment of the court of first instance and the judgment of the court of second instance have been sentenced to each of the above two appeals cases, and the court of second instance has decided to jointly examine the above two appeals cases. Since each of the offenses in the judgment of the court of first and second instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one of the offenses in the relation of concurrent crimes under Article 38(1) of the Criminal Act should be sentenced in accordance with Article 38(

3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of the relevant column of the judgment of the court of first and second instance, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles 301 and 298 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Articles 330 of the Criminal Act (a point of injury by indecent act, selection of limited term) and 330 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes resulting from the severe indecent act by compulsion]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;