The judgment of the court below is reversed.

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

The summary of the grounds for appeal (one year of imprisonment) by the lower court is too unreasonable.

According to the records of this case’s judgment ex officio, the Defendant was sentenced to four months of imprisonment with prison labor for compulsory indecent acts at the Seoul Eastern District Court on August 16, 2018, and the judgment became final and conclusive on October 16, 2018. The crime of the lower judgment is in the relation of concurrent crimes with the above crime for which punishment becomes final and the group after Article 37 of the Criminal Act, and is in the relation of concurrent crimes after Article 39(1) of the Criminal Act, and thus, the lower judgment cannot be maintained further.

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 unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

【The grounds for the new judgment of the court for criminal facts and the summary of the evidence are as follows. The part of the facts constituting the crime in the judgment of the court for criminal facts and the summary of the evidence is modified as follows. The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding "the previous records in the judgment: the list 22, 23, and 24 of the evidence; the summary of the case;" and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

[Criminal Records] On August 16, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for an indecent act committed by force at the Seoul Eastern District Court on August 16, 201, and the said judgment became final and conclusive on October 16, 2018.

Application of Statutes

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, that the reason for sentencing under Article 39(1) of the Criminal Code not only committed the crime of this case during the period of suspension of execution, but also committed the above crime during the trial of the final judgment in the judgment, and did not reach any agreement with the victim, it is the case where the defendant has been tried together with the final judgment in the judgment of the court.