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 decision of the court below on the gist of the grounds of appeal is unreasonable because the punishment (the fine of KRW 5,000,000) is too unreasonable.

2. In full view of all other matters on the sentencing indicated in the records of the instant case, including the fact that the Defendant both recognized the crimes and is in profoundly against the Defendant, and that there is no criminal history except for the punishment once by a fine as a violation of the Labor Standards Act, etc., the sentence of the lower judgment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the 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 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Where a judgment to submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Articles 32(1) and 2(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the chief of the competent police station pursuant to Article 33 of the above Act

However, an order to disclose or notify the registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, it is determined that there are special circumstances that may not disclose the registered information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant. Thus, it does not issue an order to disclose or notify the registered information.