The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The gist of the prosecutor’s appeal grounds for the instant crime is unreasonable in light of the following: (a) the instant crime committed by the prosecutor committed an indecent act against the victim in the subway, which is a place of public smuggling; (b) the nature of the relevant crime is inferior; and (c) the Defendant has a record of criminal punishment for the same kind of crime; and (d) the sentence of the lower court ordering the Defendant to complete the sexual assault treatment program for a fine of KRW 3 million

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 shall be an offense provided for in Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is subject to disclosure order and notification order provided for in Articles 47 and 49 of the same Act.

Nevertheless, the court below found the defendant guilty of the crime of this case and omitted the judgment on the order to disclose and notify personal information of the defendant, so the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following is again decided after pleading.

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. An indecent act at an open space in the relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the selection of punishment: Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual 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(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is against the defendant's wrongness, and the victim is the victim.