The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to four months of imprisonment, one year of suspended sentence, one year of probation, and 80 hours of community service order) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of six months at the Suwon District Court on October 10, 2013, which was following the sentence of the judgment below, and the judgment became final and conclusive on October 18, 2013. As such, the crime of violating the Juvenile Protection Act and the crime of this case committed by the Defendant in the latter part of Article 37 of the Criminal Act are set at concurrent crimes under the latter part of Article 37 of the Criminal Act, the sentence should be determined after examining whether to grant a mitigation or exemption of the sentence in accordance with Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Therefore, 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 again decided as follows after hearing.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is identical to the description of each corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to one year of suspension of execution for six months in imprisonment with prison labor at the Suwon District Court on October 10, 2013 due to the violation of the Juvenile Protection Act at the Suwon District Court on October 10, 2013, and such judgment became final and conclusive October 18, 2013" to the first head of the crime column of the judgment of the court below. Thus,

Application of Statutes

1. Article 59 applicable to criminal facts, Article 59 subparagraph 4 of the Juvenile Protection Act and Article 19 (1) 2 of the Juvenile Protection Act and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Social service order under Article 62-2 of the Criminal Act;