The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (legal scenarios and unreasonable sentencing) sentenced the defendant to a fine of five million won exceeding the maximum statutory penalty. The judgment below erred by misapprehending the legal principles, which affected the conclusion of the judgment, and its punishment is too unreasonable.

2. The crime of this case in determining the misapprehension of the legal doctrine constitutes an indecent act at an open place, and the statutory penalty is imprisonment for not more than one year or a fine not exceeding three million won pursuant to Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Therefore, the court below sentenced the defendant to a fine of KRW 5 million higher than the upper limit of the statutory penalty, although the court below erred by misapprehending the legal principles on the determination of the punishment, which affected the conclusion of the judgment.

3. As such, the Defendant’s assertion of the misapprehension of the legal principle is with merit, and the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act without further proceeding to decide on the assertion of unfair sentencing.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The conditions favorable to the defendant shall be as follows:

· The confession reflects his mistake while making a confession.

The victim does not want to punish the defendant by mutual consent with the victim.

2. The defendant is disadvantageous to him.