The judgment of the court below is reversed.

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

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 KRW 4 million 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 a place of public gathering, and thus, 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 4 million higher than the upper limit of the statutory penalty, while 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.

【Discied Judgment】 The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited 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. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order to complete program is that the defendant has committed an offense, and the victim has committed an offense by mutual consent with the victim.