The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. According to the evidence duly adopted and examined by this court, the Defendant, at the Incheon District Court on July 6, 2018, was sentenced to the suspension of the execution of six months of imprisonment for the crime of violating the Child Welfare Act (child abuse), and the judgment became final and conclusive on August 3, 2018.

If so, the crime of the judgment of the court below and the crime of the above violation of the Child Welfare Act (child abuse) for which the judgment of the court below became final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the court below in consideration of equity in the case where the judgment is to be held at the same time under the main sentence of Article 39 (1) of

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment in multiple times] The first head of the criminal facts as stated in the judgment of the court below in the summary of criminal facts and evidence added "the defendant was sentenced to two years of imprisonment with prison labor for the crime of violating the Child Welfare Act (child abuse) at the Incheon District Court on July 26, 2018, and the judgment became final and conclusive on August 3, 2018" to "the first head of the criminal facts as stated in the judgment of the court below," and the summary of the evidence as stated in the judgment of the court below is identical to each corresponding column of the judgment of the court below, except for adding "1. criminal records: the judgment (2018 High Court Decision 4245) and the certificate of final judgment

Application of Statutes

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion against minors under the age of 13);

1. Commercial concurrence;