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 (unfair sentencing) is that the lower court erred by setting the punishment beyond the statutory scope, and in light of the overall circumstances, the lower court’s punishment (five million won of punishment, and forty hours of sexual assault treatment programs) is too unreasonable.

2. The scope of statutory penalty for the crime as stated in the judgment of the court below is imprisonment for not more than one year or a fine not exceeding three million won.

In this regard, the court below sentenced the defendant to a fine of KRW 5 million beyond the scope of the above statutory penalty after selecting a fine.

After all, the judgment of the court below is unlawful and such illegality affected the judgment, so in this respect, the above argument by the defendant is justified and the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court 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 Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction of the instant crime, which is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the head of a police office having jurisdiction over the Defendant’s domicile pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, and crime, exempted from the disclosure order or notification order.