The remaining parts of the judgment of the court below excluding the violation of the Punishment of Minor Offenses Act and the judgment of the court below 2 shall be reversed.

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of each of the instant crimes, but the lower court neglected this.

B. The sentence sentenced by the lower court to the Defendant (the first instance judgment: imprisonment with prison labor for a year and a fine of 200,000 won; imprisonment for a year and a fine of 200,000 won: 2 months) is too unreasonable.

[Defendant's private defense counsel in March 21, 2018 asserts that there is a misapprehension of the legal principles as to the obscenity of a public performance on the grounds of appeal presented on March 21, 2018.

With respect to non-ex officio grounds, the appellate court may decide ex officio only where it is stated in the petition of appeal or is included in the statement of reasons submitted within the prescribed period. However, even if it is not included in the grounds for appeal only on exceptional grounds affecting the judgment (see Supreme Court Decision 98Do1234, Sept. 22, 1998). In addition, where a defendant is appointed a counsel after the receipt of the records of trial, it is not necessary to give the same notice to the counsel again. This provision applies to where the appellate court revokes the appointment of a national defense counsel as the defendant and his defense counsel were appointed after the defendant was notified of the receipt of the records of trial. In such a case, the period for submitting the statement of reasons for appeal shall be calculated from the date the national defense counsel or the defendant received the records of trial (see Supreme Court Decision 2006Do547, Mar. 29, 207; 2006Do547, Mar. 17, 2017).