The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

The punishment of the lower court (fine 1.5 million won) is too unreasonable.

Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor added “the Defendant was sentenced to imprisonment with prison labor for a year and six months at the Gwangju District Court on January 16, 2015 and the above judgment became final and conclusive on April 17, 2015 due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act)” to the first head of the facts charged against the Defendant in this court, and applied for permission to amend the indictment containing addition of “Article 37 and Article 39(1) of the Criminal Act” to the applicable provisions of the Criminal Act, and the subject of the trial by this Court was different, so the judgment of the lower court was no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows: (a) addition of criminal records to the first head of the facts charged and the summary of the evidence as stated in Paragraph (2) above; and (b) addition of criminal records to the summary of the evidence as stated in the judgment of the court below as stated in each corresponding column of the judgment of the court below; and (c) addition of each final judgment to the summary

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are identical to the defendant four times for the reason of sentencing, and in particular, the fact that the defendant committed the instant crime during the period of suspended execution due to the same criminal act, is an unfavorable sentencing factor.

On the other hand, the defendant's mistake is recognized, the amount of damage is minor, and the defendant is 50.