The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, and probation) that the court below sentenced to the defendant is too uneasible and unfair.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal ex officio, based on evidence, the Defendant was sentenced to imprisonment with prison labor on June 5, 2019 by the Seoul Southern District Court for a public performance or obscene crime, etc., and the said judgment became final and conclusive on June 13, 2019.

Thus, since each crime of the judgment of the court below against the defendant and the above public performance and obscenity crime of which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity in the case of concurrent judgment pursuant to Article 39 (1) of the Criminal Act, and therefore

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied reasoning of the judgment below] The summary of the facts constituting a crime and evidence admitted by this court is the first head of the judgment of the court below, and the summary of the facts constituting a crime and the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding "1. Fixed Date Confirmation Report" to the summary of the evidence by adding "the above judgment was confirmed on June 5, 2019 by the Seoul Southern District Court, and was confirmed on June 13, 2019" to "the above judgment was confirmed on June 13, 2019."

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 167(1) of the Criminal Act (the point of setting fire to general goods), Articles 369(1) and 366 of the Criminal Act (the point of causing damage to special property, the choice of imprisonment), Article 319(1) of the Criminal Act (the point of destroying buildings, the choice of imprisonment), and Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment);

1. The Criminal Act dealing with concurrent crimes.