The judgment below

The part of the defendant's case shall be reversed.

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

The judgment below

(2).

1. Summary of grounds for appeal;

A. The judgment of the court below that sentenced the attachment order to the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) on the ground that the defendant and the person to whom the attachment order was requested are not likely to repeat the crime and thus, the request should be dismissed.

B. The sentence imposed by the prosecutor by the court below on the defendant (one year and three months of imprisonment) is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below ex officio as to the part of the defendant's case, the defendant was sentenced to 12 years of imprisonment on October 17, 2002 with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery), etc. at the Seoul District Court's branch on January 14, 2003 (hereinafter "the first final judgment"), and the judgment became final and conclusive on January 16, 2003 (hereinafter "the second final judgment"), and the defendant was sentenced to 6 months of imprisonment with prison labor for the violation of the Punishment of Violences, etc. Act at the Suwon District Court on February 24, 2013 (hereinafter "the second final judgment").

However, the crime of this case committed on February 26, 2002, which was before each of the above judgments became final and conclusive, and is in a concurrent relationship between each of the above final and conclusive judgments and the latter part of Article 37 of the Criminal Act. Thus, the punishment shall be determined by taking into account equity and the case where a judgment is to be rendered at the same time pursuant to Article

(2) The court below held that only the crime of this case and the crime of this case in the first final and conclusive judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the court below erred by misapprehending the legal principles as to concurrent crimes under the latter part of Article 37 of the Criminal Act.

B. (1) The lower court’s judgment on the part of the attachment order case: (a) comprehensively takes account of the motive, means, and methods of the instant crime, the victim’s age, the criminal records before and after the Defendant’s judgment, the Defendant’s age, character, conduct, environment, and attitude toward the crime; and (b) further commits a sexual crime against