Of the judgment of the court below of first instance, the part against Defendant A and the second judgment shall be reversed, respectively.

Defendant shall be punished by imprisonment for a year.

Summary of Grounds for Appeal

The court below's punishment (the court below's judgment of 1: 10 months of imprisonment, 40 hours of order to prevent sexual traffic arranging and order to complete education programs for children and juveniles-related institutions for 3 years, etc., and the court below's judgment of 2: 5 months of imprisonment and additional collection 6 million won) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant's ex officio, the health department and the defendant filed an appeal against each judgment of the court below, and this court decided to hold a joint hearing of each of the above appeals.

However, since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance concerning Defendant A and the judgment of the court of second instance should be reversed.

According to the records, the defendant was sentenced to one year for a violation of the Punishment of Violences, etc. Act (Composition and Activity of Organizations, etc.) in the Suwon District Court’s Ansan Branch on June 4, 2018 and the judgment became final and conclusive on November 2, 2018, after the judgment of the court of first instance was rendered. As such, the crime of the court of first instance is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Punishment of Violences, etc. Act (Composition and Activity of Organizations, etc.) for which the judgment became final and conclusive and the crime of the court of first instance is one of the concurrent crimes under the latter part of Article 39(1) of the Criminal

In this respect, the judgment of the first instance court became difficult to maintain as it is.

In conclusion, the judgment of the court below is reversed the part of the judgment of the court of first instance as to Defendant A and the judgment of the court below as to Defendant A pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing since there exist the above reasons for ex officio reversal.

[Discied reasoning of the judgment below] Facts constituting an offense and summary of evidence recognized by the court and summary of evidence are stated in the judgment of the court of first instance.