The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (three months of imprisonment) is too unreasonable.

2. According to the evidence presented in the trial proceedings of this case on February 14, 2020, the defendant was sentenced to two years of suspension of the execution on February 22, 2020 to imprisonment for the crime of indecent act by force at the Seoul Northern District Court on February 14, 2020, and the above judgment became final and conclusive on February 22, 2020. As such, the crime of indecent act by force and the crime of this case, which became final and conclusive, are in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by the court below after considering equity in the case of concurrent crimes under Article 39(1) of the Criminal Act

3. In conclusion, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

The summary of the facts of the crime and the evidence against the defendant recognized by the court, and the summary of the facts of the crime and the evidence thereof, "the facts of the crime" was added to "the defendant was sentenced to two years of suspension of execution of imprisonment for the crime of indecent act by force at the Seoul Northern District Court on February 14, 2020, and the above judgment became final and conclusive on February 22, 2020." The summary of "the summary of the evidence" was as stated in the "the summary of the evidence before trial": In addition, the investigation report (attached indictment), the judgment, and the Konet case inquiry in the judgment below, except for adding "the addition," and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Although the defendant was sentenced to punishment for the same kind of crime, the defendant is on the other hand.