Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

2. In full view of the following: (a) the Defendant taken photographs, but did not keep water in custody; (b) the Defendant agreed with the Victim G; (c) the Defendant did not have any history of punishment for sexual assault crime; and (d) the Defendant was actively subject to counseling and education for the prevention of sexual assault; and (c) the Defendant’s age, environment, circumstances of the crime; and (d) all of the sentencing conditions indicated in the arguments and records, including the circumstances after the crime, etc., the sentence imposed by the lower court is too heavy.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, motive and motive for committing a crime is exempted from the disclosure order or notification order of personal information.