The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of the grounds for appeal and the sentencing (in original case: Imprisonment with prison labor for ten months);

2. On February 21, 2019, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (U.S.C. 19, Oct. 24, 2018) at the Goyang Branch of the District Court (Seoul District Court), and the judgment became final and conclusive on October 24, 2019.

Therefore, as seen above, the crime of violation of the Road Traffic Act (unlicensed Driving) for which the judgment has become final and conclusive is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime under the judgment of the court below in consideration of the equity between the case to be judged at the same time under the main sentence of

Nevertheless, the judgment of the court below which neglected this cannot be maintained as it is.

3. 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, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

[Reasons for the judgment of multiple court] The summary of facts constituting a crime and evidence recognized by this court is the first head of the judgment of the court below, and the criminal facts of the court below are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding "the defendant of criminal records was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) from the Jungyang Branch Branch of the District Court on February 21, 2019 to "the judgment became final and conclusive on October 24, 2019."

Application of Statutes

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense, Article 30 of the Criminal Act;

1. A person who has a reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes: The fact that there is a great social harm to the crime of arranging sexual traffic, the attempted crime being tried due to the same crime and the crime committed again during the suspended execution period, and the business period and the scale of the instant brokerage crime are considerable.