사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The appeal by the defendant against the judgment of the court below of the second instance.
1. The punishment sentenced by the original court (the imprisonment of August of the original judgment, the imprisonment of October of the second judgment, and the order to complete sexual assault treatment programs) is too unreasonable.
2. Although this court tried ex officio destruction following a consolidated hearing, each crime of the judgment below's holding is not related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, it is not necessary to determine a single sentence. The crime of violation of the Military Service Act, which was finalized as stated in the judgment of the court of first instance, is only a concurrent crime under the latter part of Article 37 of the Criminal Act, as stated in the judgment of the court of first instance. In such a case, each of the judgment of the court below cannot be deemed to have a ground for ex officio destruction following a consolidated hearing.
3. Determination
A. We examine the judgment of the court of first instance ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the records, the Defendant may be recognized as having been sentenced to six months of imprisonment with prison labor and two years of suspension of execution for a violation of the Military Service Act at the Seoul Northern District Court on September 17, 2015, and the judgment became final and conclusive on April 15, 2016. As such, the crime for which judgment became final and conclusive and each of the crimes of this case committed prior to the final and conclusive judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act, so the judgment of the lower court
B. In light of the fact that the defendant recognized the crime against the judgment of the court of second instance, the defendant has been sentenced to a fine for the same kind of crime, and the defendant has been sentenced to the suspension of the execution of imprisonment with prison labor due to a violation of the Military Service Act, and immediately after the judgment became final and conclusive, and the first instance judgment's act of buying the sex of juveniles five times throughout the procedure of the trial, and has