The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault, 80 hours against the defendant.

1. The sentence of the lower court (one-month imprisonment, etc.) to the point of the reasons for appeal is too unreasonable;

2. According to the records of ex officio determination, the instant crime was committed in Busan District Court’s Dong Branch by having been sentenced to six months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Cameras”) in the Busan District Court’s Dong Branch, and the judgment became final and conclusive on April 26, 2019. However, the Defendant, separate from the above criminal record, was sentenced to a suspension of the execution of two months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Cameras”) in Busan District Court’s Busan District Court’

The crime of this case, which became final and conclusive on April 26, 2019, was committed before the judgment of suspension of execution became final and conclusive on November 1, 2018, and thus, the crime for which judgment became final and conclusive on April 26, 2019 and the crime of this case cannot be adjudicated at the same time at the same time.

Article 39(1) of the Criminal Act, which provides that when a sentence is imposed on a concurrent crime for which judgment has not been rendered, the crime and the crime for which judgment has become final and conclusive shall be considered at the same time and equity, cannot be applicable thereto.

Nevertheless, the judgment of the court below that applied Article 39(1) of the Criminal Act on the premise that the crime for which judgment was rendered on April 26, 2019 and the crime of this case can be judged concurrently, is erroneous in the misunderstanding of legal principles as to concurrent crimes under Article 37 of the Criminal Act

In this respect, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

【Reason of the judgment below】 Criminal facts recognized by this court as criminal facts and summary of evidence, and summary of evidence, shall be criminal records in the criminal facts column of the judgment below.