The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (two months of imprisonment) is too unreasonable.

2. Before determining the Defendant’s assertion of unfair sentencing ex officio, the record reveals that the Defendant, on September 4, 2014, sentenced the Daegu High Court to two years and six months of imprisonment on the grounds of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (similar act to disabled persons), etc., and acknowledged the fact that the judgment became final and conclusive on December 11, 2014. As above, the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (similar act to disabled persons) and the crime of this case are in concurrent crimes under the latter part of Article 37 of the Criminal Act and determine a sentence after considering the case of concurrent crimes under Article 39(1) of the Criminal Act and considering the equity and the mitigation or exemption of the sentence. Thus, the lower court, which did not take into account,

3. Accordingly, 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, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting the offense and the evidence admitted by the court in question is as follows: “The defendant was sentenced by the Daegu High Court on September 4, 2014 to imprisonment with prison labor for not less than two years and six months for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (similar act with a disabled person),” and the judgment became final and conclusive on December 11, 2014.”

1. Previous convictions in the judgment of the court below: Except for addition of the defendant's oral statement, the summary statement of the case agreement, the supplementary statement of the judgment of the court below as stated in each corresponding column of the judgment of the court below, all of them shall be quoted in accordance with Article 369 of the

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257(1) of the Criminal Act concerning the selection of punishment;