The judgment of the court below is reversed.

The defendant is guilty of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable as to the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and the Punishment of Violences, etc. Act and the crime of violation of the Punishment of Violences, etc. Act.

2. Review of the ex officio determination records reveals the following facts.

The instant crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and Violation of the Punishment of Violences, etc. Act (joint conflict on April 25, 2018; hereinafter referred to as “crime 1”) is that the Defendant was sentenced to six months of imprisonment at the Busan District Court for fraud, etc. and committed before such judgment becomes final and conclusive on July 28, 2018.

However, separate from the above criminal records, the defendant was sentenced to a two-month period of suspension of the execution of imprisonment with prison labor for special larceny at the Changwon District Court for a period of four months, and the judgment was finalized on December 7, 2017, and the above crime, which became final and conclusive on July 28, 2018, was committed before the judgment of suspension of the execution becomes final and conclusive on December 7, 2017. Thus, the crime for which the judgment became final and conclusive on July 28, 2018, and the crime of violation of the Punishment of Arrangement of Commercial Sex Acts, etc. Act and the crime of violation of the Punishment of Violences, etc. Act, cannot be judged at the same time at the

(see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). In addition, the Defendant was sentenced to two years of suspended execution for four months for a violation of the Chemicals Control Act in the Gyeyang Branch of Suwon District Court for the crime of inhaleing hallucinogenic substances, etc., and the judgment on September 20, 2016 became final and conclusive.

The instant crime of fraud (hereinafter referred to as “ second crime”) is that the Defendant was sentenced to a suspended sentence of two years for a period of four months from August 14, 2017 to August 16, 2017 for special larceny at the Changwon District Court (hereinafter referred to as “ second crime”) and committed before such judgment becomes final and conclusive on December 7, 2017, but the said crime, for which the judgment became final and conclusive on December 7, 2017, was committed on April 17, 2012.