A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

2. Review of each evidence recorded in the preceding and preceding records in the summary of the following evidence before determining the grounds for appeal ex officio, the Defendant was sentenced to imprisonment with prison labor for six months as a result of forced indecent conduct in the Chungcheong District Court Assistance on April 4, 2017 and sentenced to a two-year suspended sentence on September 16, 2017, which became final and conclusive on September 16, 2017, after the lower judgment was sentenced.

However, the above compulsory indecent act crime and each of the instant crimes against the Defendant, which became final and conclusive, constitute concurrent crimes by the latter part of Article 37 of the Criminal Act, and where the punishment for each of the instant crimes is determined pursuant to Article 39(1) of the Criminal Act, the punishment should be determined in consideration of equity with the case where the said final and conclusive indecent act was adjudicated concurrently with the said final

In this respect, the judgment of the court below can no longer be maintained.

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, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The criminal facts and summary of evidence recognized by this court and the summary of the evidence were sentenced to imprisonment with prison labor for six months as a result of forced indecent act in the Chungcheong District Court's assistance on April 4, 2017, and the above judgment became final and conclusive on September 16, 2017.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “a prior conviction in the judgment of the court below” in the space where the evidence is required, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39 Section 1.