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.

except that this judgment.

1. The court below’s scope of trial was convicted of the accused case, and dismissed the prosecutor’s request for attachment order with respect to the case of request for attachment order, and only the accused appealed.

In such cases, the defendant's request for attachment order has no interest in appeal, and despite the provision of appeal under Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order is not pending in the appellate trial and it is confirmed separately.

Therefore, the request for attachment order is not included in the scope of the trial of the party.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, and 40 hours in completion of sexual assault treatment programs) of the lower court is too unreasonable.

3. Before determining the grounds for appeal ex officio, the record reveals that the Defendant was sentenced to imprisonment for four months with prison labor for public performance and for two years of suspension of execution at the Daejeon District Court on January 14, 2015, and that the judgment became final and conclusive on July 9, 2015. Each of the above crimes and the lower judgment against the Defendant, for which the judgment became final and conclusive, should be sentenced in consideration of equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and thus, the lower judgment cannot be maintained in this respect.

4. If so, the part of the judgment of the court below on the defendant's case is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below on the defendant's case is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "Defendants shall be sentenced to imprisonment with prison labor for four months for public performance and obscenity in the Daejeon District Court on January 14, 2015 and two years for suspended execution."