A. A. The Defendant was in a state of mental disability with the ability to control self-control at the time of each of the instant crimes due to intellectual disability.

B. The lower court’s respective sentence of unfair sentencing (the first instance judgment: imprisonment with prison labor for six months, and imprisonment with prison labor for four months) is too unreasonable.

2. Determination

A. The Defendant filed an appeal against the judgment of the court of first and second instance regarding the consolidation, and this court decided to consolidate each appeal against the judgment of the court of first and second instance.

However, according to the records, the defendant was sentenced on September 13, 2018 to one year and six months of imprisonment, and three years of suspended execution on September 21, 2018 by the Suwon District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Each crime in the judgment of the court of first instance is committed before the above judgment becomes final and conclusive, and since the crime in the judgment of the court of second instance is committed thereafter, and thus does not constitute a concurrent crime under the former part of Article 37 of the Criminal Act, the punishment shall be separately determined for each crime in the judgment of the court of first instance and the crime in the

According to the records, on August 31, 2017, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and three years of suspended execution on December 13, 2017 at the Suwon District Court (hereinafter “the first final judgment”), and on September 13, 2018, the judgment became final and conclusive (hereinafter “the first final judgment”), and on September 13, 2018, the Suwon District Court sentenced one year and six months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) and three years of suspended execution on September 21, 2018 and became final and conclusive (hereinafter “the second final judgment”).

The date and time of the crime in the judgment of the court of first instance is before December 13, 2017, which became final and conclusive on October 25, 2016, and the date and time of each crime in the judgment of the court of first instance is after the date and time of the crime in the judgment of the court of first instance. Thus, each of the judgment of the court of first instance is