1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the judgment on the grounds for appeal by the defendant and prosecutor.

"A crime for which judgment to punish with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall be deemed concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, where a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has not become final and conclusive under Article 39 (1) of the Criminal Act shall be sentenced in consideration of equity and where a crime for which judgment has not been rendered concurrently cannot be ruled at the same time with a crime for which judgment has already become final and conclusive, it shall be interpreted that a sentence shall not be imposed or mitigated in consideration of equity and

(2) According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on February 14, 2019 and a fine of 300,000 won on June 28, 2019 (hereinafter referred to as “the first final judgment”), and (2) the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Daegu District Court on August 23, 2019 (hereinafter referred to as “the second final judgment”), and (3) each offense in the second final judgment is found to have been committed before the date on which the first final judgment became final and conclusive.

Therefore, each crime of the second final and conclusive judgment is a case where the judgment cannot be pronounced simultaneously with the crime of this case committed after the date of the final and conclusive judgment.

Nevertheless, the lower court sentenced the instant crime committed after the date of the final and conclusive judgment, taking into account the crime of the second final and conclusive judgment and equity, and thus, Article 39(1) of the Criminal Act.