The sentence against the accused shall be 7,000,000 won.

Defendant. A fine.

A. The lower court’s punishment is heavy.

B. The prosecutor’s sentence of the lower court is less than that of the Plaintiff.

2. We examine ex officio prior to the judgment on the grounds of appeal by the defendant and the prosecutor.

According to the records, the Defendant was sentenced to one year of imprisonment with prison labor for forced indecent acts, etc. at the Seoul Northern District Court on June 17, 2016, and the judgment became final and conclusive on June 25, 2016.

The crime of the judgment of the court below against the defendant and the crime of indecent act by force which became final and conclusive are concurrent crimes of the latter part of Article 37 of the Criminal Code.

This court is obliged to reverse the judgment of the court below on the ground that the punishment is to be determined in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by the court was sentenced to one year of imprisonment with prison labor due to forced indecent acts, etc. by the Seoul Northern District Court on June 17, 2016, and the judgment became final and conclusive on June 25, 2016.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Protection and Observation of Specific Criminal Offenders and Articles 38, 14 (1) (the separation of electronic devices and the selection of fines), 39 (3) and 9-2 (1) 1 (violation of the matters to be observed) of the Act on the Electronic Monitoring, etc. of Electronic Devices against the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;