A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

A. The sentence sentenced by the court below on unreasonable sentencing (the 4 years of suspended sentence in two years and six months of imprisonment) is too unhutiled and unfair.

B. It is unreasonable for the criminal defendant to exempt him/her from disclosure and notification orders even though he/she is likely to repeat sexual crimes again, to exempt him/her from disclosure and notification orders.

2. We examine ex officio prior to the judgment on the grounds for appeal.

According to the evidence duly adopted and examined by the court below, the defendant was sentenced to the suspension of the execution of six months of imprisonment for indecent act by force at the Seoul Northern District Court on April 26, 2019 and the judgment on May 4, 2019 became final and conclusive.

However, the crime of this case against the defendant is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the above crime for which judgment has become final and conclusive, and the punishment should be determined in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39

In this respect, the judgment of the court below is no longer maintained.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper sentencing, disclosure, and notification order, on the ground of the above ex officio reversal. The court below's decision is reversed, and it is again decided as follows.

【The reason for the judgment of multiple times】 The criminal facts and the summary of the evidence admitted by the court below are the first head of the crime of the court below. The criminal records of the court below, “The defendant was sentenced to two years of suspended execution on April 26, 2019 to six months of imprisonment due to indecent act by force at the Seoul Northern District Court on April 26, 2019, and the above judgment became final and conclusive on May 4, 2019.” This is the same as the corresponding column of the court below’s judgment, except for adding “1. previous conviction in the judgment: Defendant’s trial statement at the court below at the end of the evidence,” and thus, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant provisions of the Act on Criminal Crimes and special cases concerning the punishment, etc. of sexual crimes selected for punishment;