The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (five million won of fine) is too unreasonable.

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

According to the records, on April 29, 2016, the Defendant was sentenced to imprisonment for two years and six months with prison labor for similar rape, etc. and 80 hours for completion of a sexual assault treatment program in the Gyeyang District Court’s Ansan Branch on April 29, 2016, and the said judgment became final and conclusive on September 1, 2016

Since the Defendant’s crime of this case and the crime of similar rape, etc. for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after concurrently examining whether to reduce or exempt the punishment in consideration of equity and equity in cases where a judgment is rendered pursuant to the former part of

In this respect, the judgment of the court below cannot be maintained as it is.

3. If so, 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 that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence admitted by this court is that the first head of the judgment of the court below added "the defendant was sentenced to two and half years to imprisonment on April 29, 2016 for similar rapes, etc., and the above judgment became final and conclusive on September 1, 2016 for 80 hours after being sentenced to imprisonment on September 1, 2016 for the purpose of similar rapes, etc." The summary of the evidence of the judgment of the court below is as follows: "the previous conviction in the judgment of the court below in the last "1." The summary of the evidence of the judgment of the court below is "the summary of the case agreement assistance, the assistant of the judgment (Seoul District Court 2016No1206), the judgment (Seoul High Court 2016No1325)" and "the judgment of the court below (Supreme Court 2016Do1325)" to the corresponding column of the Criminal Procedure

Application of Statutes

1. Article 74 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts and the selective punishment;