Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or remitted in a case where a person who committed an offense without a complaint, makes a confession or receives a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive.

According to the records of this case, the facts that the defendant led to the confession of the crime of this case at the court below, and the defendant violated the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Ameras-use photographing) against C, which the defendant was innocent, are not prosecuted.

Although it constitutes a confession before the judgment of the reported case became final and conclusive, the court below omitted the necessary reduction and exemption measures against the defendant. Thus, the court below has a ground for ex officio reversal in violation of Articles 157 and 153 of the Criminal Act.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

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

Application of Statutes

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning criminal facts and the choice of fines;

1. Articles 157, 153, and 55 (1) 6 (Confession) of the Criminal Act, which are statutory mitigation;

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

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

1. The offense without reason for sentencing under Article 334(1) of the Criminal Procedure Act is an offense that harms the nation’s criminal justice function and causes a person who is in danger of being subject to unfair criminal punishment, and is not good.

However, the defendant was not punished for the same crime prior to the instant case.

In fact, the instant order C is actually ad hoc.