The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) is against the defendant, and the defendant suffers a big mental suffering by committing the instant crime, such as a sudden decrease in body due to the instant crime, and there is no record of criminal punishment, etc., the sentence of the court below that sentenced the defendant to a fine of 1,500,000 won and an order to complete a sexual assault treatment program for 40 hours is too unreasonable.

2. We examine ex officio prior to the determination of the grounds for appeal.

The offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is an offense subject to an order to disclose and notify under Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and an offense subject to registration under Article 42 (1) of the same Act.

Nevertheless, the lower court found the Defendant guilty of committing the instant crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) and omitted judgment on the order to disclose and notify personal information to the Defendant. Thus, the lower court’s judgment cannot be maintained further

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the following is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

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 to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;