The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal (four months of imprisonment) by the lower court is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to a suspended sentence of two months at the Gwangju District Court on November 18, 2015 due to indecent act by force, violation of the Road Traffic Act (non-licensed driving), and on April 21, 2016, the Defendant was sentenced to imprisonment for eight months for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving). On April 21, 2016, the Defendant and the prosecutor appealed the above decisions and appealed the judgment below, and sentenced the Defendant and the prosecutor to imprisonment for ten months, and the Defendant appealed against the said decisions and filed a final appeal on August 22, 2016, but the judgment became final and conclusive on August 25, 2016.

According to the conclusion of the above judgment, the defendant's crime of this case and the crime of indecent act by force, the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of violation of the Road Traffic Act should be sentenced to punishment for the crime in the judgment of the court below in consideration of equity with the case of concurrent judgment pursuant to the main sentence of Article 39 (1) of the Criminal Act. In this regard, the

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court and the summary of the evidence are the first head of the criminal facts as stated in the judgment of the court below. "The defendant was sentenced to the suspension of the execution of imprisonment for 6 months at the Gwangju District Court on Nov. 18, 2015 due to indecent act by force, violation of the Road Traffic Act (non-licensed driving) and 8 months due to the same court on Apr. 21, 2016, and violation of the Road Traffic Act (non-licensed driving).