The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. According to the records of ex officio destruction, the Defendant, at the Daegu District Court on October 1, 2014, sentenced a two-year suspended sentence to imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.), and recognized the fact that the said judgment became final and conclusive around that time.

Since the crime of this case is related to the crime subject to the above final judgment and the crime subject to the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the lower judgment was omitted, the reason for ex

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 the facts charged and evidence admitted by this court is as follows: (a) the first head of the judgment of the court below is that the defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) at the Daegu District Court on October 1, 2014; and (b) the above judgment became final and conclusive at that time; and (c) the facts charged and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Therefore

Application of Statutes

1. Article 6 of the relevant Act on the Punishment of Criminal Crimes, Articles 2 (2) and 2 (1) 3 of the Act on the Selection of Punishment of Violences, etc. and Article 350 (1) of the Criminal Act;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the mistake of the instant crime and reflects it in depth.