The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (unfair imprisonment for eight months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Before determining the grounds for appeal by both ex officio, the record of this case reveals the following facts: (a) the Defendant, on May 3, 2019, was sentenced to imprisonment for two years to imprisonment for the crime of rape; (b) probation for three years; (c) taking a sexual assault treatment program for 80 hours; and (d) community service order for 200 hours; and (c) on May 11, 2019, the said judgment became final and conclusive.

Therefore, since each of the crimes in the decision of the court below is a concurrent crime between the crime of rape in which the judgment of the court was already final and conclusive and the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equality in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and it is again decided as follows after hearing.

【The reasoning of the judgment in Dao- used] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as follows. The first criminal facts of the judgment in the judgment of the court below added "the defendant added "the defendant was sentenced to three years of probation on May 3, 2019 to two years of imprisonment for the crime of rape at the Seoul Northern District Court, probation, 80 hours of sexual assault treatment program and 200 hours of community service order, and on May 11, 2019, the above judgment became final and conclusive on May 11, 2019" to "1. Criminal records of the judgment in : copy of the judgment of the Seoul Northern District Court (Seoul Northern District Court 2019Dahap86) and the summary of the case search (Seoul Northern District Court 2019Dahap866)" to the first copy.