Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

2. Before determining the grounds for appeal by the Defendant, the record reveals that the Defendant was sentenced to imprisonment on October 11, 2013 with prison labor and three years and six months for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Goyang Branch Branch of the Jung-gu District Court, and that the judgment became final and conclusive on December 27, 2013, which was subsequent to the sentence of the lower judgment. As such, the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and the crime of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and determine punishment after examining whether to reduce or exempt the sentence. Thus, the lower court, which did not take into account, became unable to be maintained any more.

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

Criminal facts

In addition to adding "the defendant was sentenced to three years and six months for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at a senior branch of the Jung-gu District Court on October 11, 2013, and the judgment became final and conclusive on December 27, 2013," the summary of the facts and the summary of the evidence acknowledged by this court is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 141 (1) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.