Defendant shall be punished by a fine not exceeding 1.5 million won.

The above fine shall not be paid by the defendant.

A. The Defendant had a mental and physical weakness at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. On March 11, 2015, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution due to forced indecent acts, etc. at the Seoul Northern District Court on March 11, 2015, and the above judgment became final and conclusive on February 25, 2016. The Defendant’s crime and the above forced indecent acts, etc., which became final and conclusive in the judgment of the lower court on the Defendant, are in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime in the judgment of the lower court in consideration of equity with the case where the judgment is simultaneously rendered pursuant to Article 39(1) of

However, the defendant's assertion of mistake of facts is still meaningful despite the above reasons for reversal of authority.

B. The Defendant’s assertion of misunderstanding the Defendant’s fact may be acknowledged that he had a drinking condition at the time of the instant crime. However, in light of the background leading up to the instant crime, the means and method of the crime, and the Defendant’s attitude before and after the instant crime, the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

shall not be recognized.

This part of the defendant's assertion is not accepted.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is so decided as follows.

[Judgment] The summary of facts constituting an offense and evidence acknowledged by the court against the defendant and the summary of the evidence are the facts constituting an offense and the summary of the evidence. The judgment of the court below is the Seoul Northern District Court on March 11, 2015.