The judgment below

The guilty part shall be reversed.

Defendant shall be sentenced to six months of imprisonment with prison labor for public performance and obscenity.

Summary of Grounds for Appeal

The reason for appeal by the defendant is too heavy, and the reason for appeal by the prosecutor is that the sentence by the court below is too minor.

2. The court below rendered ex officio determination on the grounds that the Defendant’s crime of obscenity and the crime of causing property damage are concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the crimes of obscenity in which the judgment became final and conclusive, the court ordered the Defendant to provide community service for 160 hours for a period of 6 months of suspension of execution of imprisonment with prison labor for 6 months, and 2 years of suspension of execution for 4 months of imprisonment with prison labor for the crime of causing property damage.

However, community service is an additional order while suspending the execution of a sentence (see, e.g., Supreme Court Decision 2007Do8373, Apr. 11, 2008). Thus, in cases where some crimes are concurrent crimes with other crimes for which judgment has become final and conclusive as in this case, and where the order of community service is imposed separately from the main sentence and the two or more suspended sentence are imposed, and where the order of community service is added, the order of community service should be imposed clearly as to each suspended sentence.

Nevertheless, the lower court imposed two suspended sentence on the Defendant, but added a single community service order without specifying whether to add a community service order with respect to any of the suspended sentence. In this regard, the lower court became unable to maintain it as it is.

However, despite the above reasons for ex officio reversal, both parties’ assertion of unreasonable sentencing still is subject to the judgment of this court, and this will be examined.

3. Determination on the grounds of unfair sentencing by both parties

A. The crime of obscenity in the part of the performance and obscenity is not likely to be a crime of self-defense with the Defendant’s view to the young women who walked in the middle and exposed their sexual organ, and the Defendant is in the same kind.