Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. Before determining the grounds for appeal by the ex officio judgment prosecutor, this paper examined ex officio.

According to the records, the defendant was sentenced to eight months of imprisonment for an indecent act committed by force at the Busan District Court on September 28, 2018 (the Busan District Court 2018 Gohap 325), and on October 6, 2018, it is recognized that the above judgment became final and conclusive.

Since the crime of larceny and the crime of indecent act by force against the defendant against which the judgment of the court below became final and conclusive is in the relation of concurrent crimes by a group after Article 37 of the Criminal Act, a punishment for the crime in the judgment of the court below shall be sentenced in consideration of the equity in the case where the judgment is rendered at the same time in accordance with Article 39 (1) of the Criminal Act,

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and the judgment below is again decided as follows.

【The first head of the lower judgment on September 28, 2018, the Defendant was sentenced to eight months of imprisonment due to forced indecent act at the Busan District Court, and the judgment on October 6, 2018 became final and conclusive on September 6, 2018.

In addition to adding "1. A previous conviction in the summary column of evidence" to "A: Defendant's oral statement", it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has already been punished several times by the defendant for the same kind of crime.