Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

A. (Along with Article 2 of the Fact-finding Prosecution) The Defendant did not have any misunderstanding of facts as stated in the above facts charged.

(b) The court below's decision (on the whole of the facts charged): 5 million won in fine, and 40 hours in completion of sexual assault treatment programs.

2. Determination

A. The lower court’s judgment that found the Defendant guilty of the facts charged is justifiable, on the grounds that the lower court’s judgment on the assertion of mistake of facts was based on evidence duly admitted and investigated.

The defendant's assertion is rejected.

B. In full view of the following factors: (a) the determination of the argument regarding the sentencing division; (b) the responsibility for the crime of this case, which committed an indecent act by two victims at a public place, committed by the Defendant with no same criminal record, and the degree of the indecent act is not much serious; (c) the sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, family relationship, motive for and method of the crime, details and method of the crime; and (d) the circumstances after the crime, etc., the punishment imposed by the lower court is too unreasonable than the amount of fine under the original summary order (1.5 million won).

Therefore, the defendant's assertion of unfair sentencing is accepted.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following is ruled again.

[Grounds for the judgment of the court below] Criminal facts and the summary of evidence recognized by the court below's judgment are as stated in the corresponding column, except where "1. defendant's court statement" in the summary of evidence is "1. defendant's court statement" as "legal court statement of the court below".

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the applicable criminal facts and the choice of punishment;

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

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

1. Punishment, etc. of sexual crimes committed against him/her;