The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a maximum of ten months and for a short of six months.

1. The summary of the grounds for appeal is that each type of punishment ( ① Defendant A: imprisonment with prison labor for a maximum term of one year, a short term of eight months, a sexual assault treatment program with 40 hours ordered to be completed, and ② Defendant B: imprisonment with prison labor for a maximum of six months, a short term of four months, and a second term of two crimes as indicated in the holding, which are sentenced to a short term of six months, a short term of four months, and a sexual assault treatment program with 40 hours ordered to be completed), which is too unreasonable.

2. Determination

A. We examine the part concerning Defendant A (ex officio determination) prior to the judgment on the grounds for appeal by the above Defendant.

According to the records of this case, it is recognized that Defendant A was sentenced to a maximum of ten months of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court on May 19, 2017 and a short-term six months of imprisonment with prison labor on October 27, 2017, and that the judgment became final and conclusive on October 27, 2017. Since each of the crimes of the judgment below against Defendant A and the above crimes for which the judgment of the court below became final and conclusive on October 27, 2017 are concurrent crimes in relation to a group after Article 37 of the Criminal Act, a punishment for each of the crimes against Defendant A shall be determined at the same time in consideration of the equity among the cases where the judgment is to be

B. The part of the crime of this case against Defendant B was committed by Defendant B in collusion with Defendant B, C, etc. for the purpose of preparing entertainment expenses, etc., and the nature of the crime is very poor. Defendant B was unable to agree with the victim up to the trial. Defendant B was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court on January 18, 2017 and was sentenced to two years of suspension of execution on January 26, 2017, which became final and conclusive on January 26, 2017, and the judgment became final and conclusive on January 26, 2017; Defendant B committed the crime of this case without being aware of any special circumstances or changes in circumstances that may be considered in new punishment after the sentence of the lower judgment; each of the crime of this case was committed, circumstances after the crime of this case, and Defendant B’s environment.