A defendant shall be punished by imprisonment with prison labor for up to six months.

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

A. The Defendant, under the influence of alcohol, committed the instant crime with weak mental and physical disorder.

B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Before determining on the grounds for appeal by the Defendant’s ground for ex officio reversal, the Defendant was sentenced to imprisonment with prison labor for one year for compulsory indecent act in the Daejeon District Court’s Support on October 25, 2017, and the judgment became final and conclusive on April 6, 2018.

Since the crime of this case and the crime of this case are in the relation of concurrent crimes after Article 37 of the Criminal Act, punishment shall be determined in consideration of equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is in this regard.

B. Despite the existence of the above reasons for reversal ex officio as to the assertion of mental disorder, since the defendant's mental and physical disorder is subject to the judgment of the court of this Court, considering the following factors: (a) the defendant committed the crime in this case; (b) the method and method of the crime in this case; (c) the process of the crime in this case; and (d) the defendant's behavior before and after the crime in this case, it cannot be deemed that the defendant was aware of drinking at the time of the crime

This part of the defendant's assertion is without merit.

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

Criminal facts

The reasoning for this part of this Court is that the Defendant was sentenced to imprisonment with prison labor for one year on October 25, 2017 with prison labor for forced indecent acts in the Daejeon District Court's Branch of the Incheon District Court on the first head of the crime of the lower judgment. < Amended by Act No. 1531, Apr. 6, 2018>