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 by the lower court (a punishment of KRW 3 million, and an order to complete a sexual assault treatment program of KRW 40 million) is too unfluent and unfair, and the prosecutor did not declare that the lower court did not sentence confiscation under subparagraph 1 of the evidence, but specified it as unfair reasons for sentencing.

2. Determination

A. Although the judgment on the principal sentence had the history of suspending indictment for the same act as the instant crime, there are circumstances unfavorable to the Defendant, such as the fact that the Defendant committed the instant crime and the victims want to punish the Defendant, on the other hand, the Defendant recognized the instant crime, and there is no record of punishment exceeding the punishment or fine due to the same crime, and there is no record of punishment exceeding the Defendant’s age, sex behavior, environment, family relationship, circumstances before and after the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

B. Determination as to the confiscation of seized articles 1) Since the confiscation under Article 48 (1) 1 of the Criminal Act is arbitrary, the issue of whether it is possible to confiscate even an article that meets the requirements for the confiscation is left to the discretion of the responding court. However, it is subject to restriction by the proportionality principle applied to the general public.

In order to determine whether confiscation violates the principle of proportionality, the extent and scope used in the commission of this crime (hereinafter “goods”) and the importance of the goods subject to confiscation, the role and degree of responsibility of the owner of the goods in the commission of the crime, the degree of infringement of legal interests by the commission of the crime, the motive of the commission of the crime, the motive of the commission of the crime, the profit gained from the crime, the separate possibility of separation of the part related to the commission of the crime from among the goods, the substantial value of the goods, their relationship and balance with the crime, and the goods are not forfeited