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

The above fine shall not be paid by the defendant.

A. The punishment of the lower judgment (each fine of three million won) is too unreasonable.

(b) the 2nd judgment decision of the Prosecutor is too unhued and unfair;

2. Prior to the judgment on the grounds of ex officio appeal, the first and second judgments against the defendant were rendered, and the prosecutor filed each appeal against the second judgment against the judgment of the court below, and the defendant filed each appeal against the first and second judgment, and the court decided to consolidate the two cases of appeal.

However, the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance cannot be maintained as it is.

3. If so, the judgment of the court below is reversed on the ground that there is a ground for reversal as seen above, and without further proceeding to decide on each of the unfair arguments of sentencing by the prosecutor and the defendant, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 13(2) of the Act on the Protection of Juveniles from Sexual Abuse (a point of soliciting a child or juvenile to engage in sexual traffic), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 21 (2) and the main sentence of Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is committed against the victim who is a child or juvenile.