The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Before determining the Defendant’s grounds for appeal on the grounds of unfair sentencing, on November 30, 2012, the Defendant was sentenced by the Busan District Court to a two-month suspended sentence on the grounds of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. on or around December 8, 2012, and the judgment becomes final and conclusive on or before December 8, 2012. The crime of the lower court’s judgment is in the relation of concurrent crimes with the above crime for which judgment became final and conclusive under Article 39(1) of the Criminal Act, taking into account equity and taking into account whether to grant mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act, and thus, the lower judgment cannot be maintained further in

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence acknowledged by this court are as stated in the corresponding column of the judgment of the court below, except for the addition of the defendant's statement in the court below's trial, "the facts constituting the crime and the summary of the evidence" as stated in the corresponding column of the Criminal Procedure Act, on November 30, 2012, where the Busan District Court sentenced two years of suspended sentence to imprisonment for eight months due to the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (Indecent Act) at the Busan District Court on December 8, 2012 and added "the person who became final and conclusive around December 8, 2012."

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;