A defendant shall be punished by imprisonment for six months.

2. Prior to the judgment on the Defendant’s unfair argument of sentencing ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul High Court on December 23, 2015 and the above judgment became final and conclusive on March 24, 2016. Since the crime in the judgment of the court below is in a concurrent relationship with the above rape, etc. for which the judgment has already become final and conclusive and the latter part of Article 37 of the Criminal Act, the sentence shall be determined after examining whether to reduce or exempt the sentence in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained further in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court in question was sentenced to imprisonment with prison labor for one and half years in the Seoul High Court on December 23, 2015 and the above judgment was finalized on March 24, 2016.

“A previous conviction in the judgment of the court below” is added and the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “a previous conviction in the judgment of the court below” in the last part of the evidence.

Application of Statutes

1. Article 347 (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the defendant is attempting to commit the instant crime, and is against the victims.