The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. According to the records of ex officio determination, the Defendant, on November 20, 2019, was sentenced to a suspended sentence of two years on the grounds of imprisonment for the crime of indecent act by force on November 20, 201, and the said judgment became final and conclusive on May 19, 2020.

According to the conclusion of the above judgment, the defendant's crime of this case and the crime of indecent act by compulsion on which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentence against the original judgment is to be imposed in consideration of equity in the case where the judgment is to be held at the same time in accordance with the first sentence of Article 39

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the part of the judgment below against the defendant is reversed and it is again decided as follows after pleading.

[Dao-written judgment] The summary of the facts constituting a crime and the evidence admitted by this court is added to the first head of the facts constituting a crime, “Defendant A was sentenced to two years of suspension of execution of imprisonment for the crime of indecent act by compulsion at the Gwangju District Court on November 20, 2019, and the above judgment became final and conclusive on May 19, 2020.” The last summary of the evidence of the judgment of the court below is as stated in the corresponding column of the judgment of the court below, in addition to adding “1. Report on the result of confirmation of the fixed date, one copy of the judgment, etc.” as stated in the corresponding column of the judgment of the court below. Thus, this is cited as it is in accordance

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act, the choice of imprisonment with labor, or imprisonment with labor;

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes appear to be recognized and reflected in the crime, and the scale of the business place operated by the defendant is not very significant.

In this case.