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 is too unreasonable as the punishment (the punishment amounting to 5,000,000) imposed by the defendant is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for six months on November 18, 2015 due to a forced indecent act committed by the Busan District Court, and the judgment became final and conclusive on November 26, 2015. As such, the crime in the judgment of the court below is in the concurrent relationship between the crime of coercion by which the judgment became final and conclusive and the crime of indecent act after Article 37 of the Criminal Act, and the crime in the latter concurrent relationship after Article 39(1) of the Criminal Act, and thus, the sentence is determined in consideration of equity with the case where the judgment is to be rendered at the same time under Article 39(1) of the Criminal

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The judgment below is reversed and it is again decided as follows after pleading.

[Re-written judgment] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are criminal facts of the reasoning of the judgment below. "In addition, the defendant was sentenced to imprisonment for six months as a result of forced indecent act committed by Busan District Court on November 18, 2015, and two years of suspended execution, etc., and the above judgment was finalized on November 26, 2015.

In addition to the addition of “in addition,” it is identical to each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016; Act No. 350(1) of the Criminal Act; Article 350(1) of the Criminal Act; Article 350(1) of the Criminal Act; Article 314(1) of the Criminal Act; Articles 314(1) and 314 of the Criminal Act for each type of crime; and each selection of fines.

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.