The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with labor for a maximum of three months and two months.

An application filed by an applicant for compensation shall be dismissed.

1. The gist of the grounds for appeal is that of the lower court’s punishment (long-term six months of imprisonment, short-term four months of imprisonment) is too unreasonable.

2. On November 30, 2018, the Defendant was sentenced, ex officio, by the Daegu District Court, to a maximum of five years of imprisonment for a crime, such as violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.) and a short of four years of imprisonment. The said judgment became final and conclusive on August 14, 2019.

Each crime in the holding of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the above crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., for which the judgment of the court below became final and conclusive, and the sentence should be imposed in consideration of equity with the case to be judged at the same time in accordance with Article 39

3. 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 the following is again decided as above.

【Reasons for the Judgment in Dao-written] The summary of the facts constituting the crime and evidence admitted by the court in this Court is cited as it is in accordance with Article 369 of the Criminal Procedure Act on the ground that the first head of the facts constituting the crime of the judgment of the court below, with the exception that “the defendant was sentenced by the Daegu District Court on November 30, 2018 to a maximum of five years, a short of four years, and the above judgment was finalized on August 14, 2019” added to “the above judgment was finalized on August 14, 2019.”

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 70 (1) 3 of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Irregularity;