The judgment of the court below is reversed.

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

1. In light of the fact that the defendant's main reason for appeal is against depth, that the defendant suffers from serious mental illness with a mental disorder of class 2 with a mental disorder, that the defendant was unable to provide hospitalized treatment due to the defendant's nursing, and that the defendant's family members endeavor in good faith to prevent recidivism, punishment (4 months of imprisonment) imposed by the court below is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to two months of imprisonment with prison labor for an obscene obscene crime at the Seoul Southern District Court on December 13, 2017 and the judgment became final and conclusive on December 21, 2017.

The crime of obscenity, non-compliance with the order of the court below and the crime of obscenity in the above public performance, for which the judgment of the court below against the defendant became final and conclusive, are concurrent crimes by a group after Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt punishment by taking account of equity and equity with the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act. In this

3. Thus, 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 about sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is criminal facts [criminal records] in the judgment below, and the judgment of the court below became final and conclusive on December 21, 2017 after having been sentenced to two months of imprisonment with prison labor for public performance and obscenity in Seoul Southern District Court on December 13, 2017.

In addition to adding “,” it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 245 of the Criminal Code (the point of public performance obscenity) for criminal facts and the choice of punishment.