The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for the crimes of paragraphs 1 through 4, 6-c and d in the judgment of the court below.

1. Summary of grounds for appeal;

A. As to the criminal facts No. 6 of the judgment of the court below, Defendant 1 did not commit the above crimes.

2) At the time of committing the instant crime, the Defendant was in a physical and mental weak state by drinking alcohol.

3) The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records of this case’s judgment ex officio, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for forced indecent acts at Suwon Franchising Board on September 24, 2015, and two years of suspended execution, and the above judgment became final and conclusive on October 2, 2015. The crime under Articles 1 through 4, 6-C, and (d) of the facts constituting the crime in the judgment below, which was committed before the judgment of the court below became final and conclusive, is “the date and time under paragraph (3) of the facts constituting the crime committed before the judgment of the court below,” “the date and time under paragraph (4) “the date and time under paragraph (3)”, “the date and time under paragraph (6) “the date and time after October 2015,” and “the date and time under paragraph (6) “the date and time under paragraph (3)” as “the date and time under paragraph (6) is not clearly defined and conclusive for the Defendant before the judgment of the court below.

Therefore, in accordance with Article 39 (1) of the Criminal Code, punishment should be determined in consideration of equity and the case of judgment at the same time with the crime for which the above judgment has become final and conclusive.

Therefore, the judgment of the court below which rendered a single punishment on the ground that all the facts constituting a crime in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to aggravated concurrent crimes under Article 38(1) of the Criminal Act, is erroneous in the misunderstanding of legal principles as to concurrent crimes

Nevertheless, the defendant's misunderstanding of facts and the argument of mental and physical weakness are still subject to the judgment of this court, so this is examined as follows.

B. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant committed each crime under this part of the facts charged is recognized.