The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The defendant is a sexual assault treatment program.

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unreasonable sentencing, this paper examined ex officio.

The crimes for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and the crimes committed before such judgment has become final and conclusive are concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed on the crimes for which judgment has not been rendered among concurrent crimes pursuant to Article 39 (1) of the Criminal Act and the crimes for which judgment

Therefore, where a concurrent crime prescribed in the latter part of Article 37 of the Criminal Act before a judgment of the court of first instance was rendered after the judgment of the appellate court, and a final and conclusive judgment which shall be rendered pursuant to Article 39(1) of the Criminal Act has been rendered, the appellate court shall ex officio reverse the judgment of the court of first instance and render a judgment

(2) On January 13, 201, the lower court determined that each of the special larceny and of this case constitutes a concurrent crime under the latter part of Article 37 of the Criminal Act, and that the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on February 6, 2014, which is subsequent to the date of the lower judgment’s sentence (see, e.g., Supreme Court Decision 2010Do15253, Apr. 11, 201). On February 6, 2014, the lower court determined that the Defendant was sentenced to imprisonment with prison labor for six months for special larceny, and that the judgment was final and conclusive on February 14, 2014.

3. Accordingly, the court below's decision on the ground of ex officio reversal as above is without examining the defendant's assertion of unfair sentencing, and Article 364 (2) of the Criminal Procedure Act.