The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of punishment, and forty hours of sexual assault treatment programs) is too uneased and unreasonable.

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

According to the records of this case, on February 25, 2016, the Defendant was sentenced to a two-year suspension of the execution of official duties at the Gwangju District Court for the crime of interference with the execution of official duties in August 21, 2016, and the said judgment became final and conclusive on December 21, 2016. As such, the crime of interference with the execution of official duties, which became final and conclusive, is in the relation of concurrent crimes between the instant crime and the latter part of Article 37 of the Criminal Act and the crime of interference with the execution of official duties in accordance with the first sentence of Article 39(1) of the Criminal Act, and thus, the lower court which did not take such measures, was unable

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: (a) except for adding “the Defendant was sentenced to a suspended sentence of two years on February 25, 2016 by imprisonment with prison labor for the obstruction of performance of official duties at the Gwangju District Court on August 25, 2016 and the said judgment became final and conclusive on December 21, 2016,” as stated in each corresponding column of the lower court’s judgment, this cited it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Women who have observed the instant crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall have a considerable sense of sexual humiliation and mental impulse.