The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

1. The summary of the grounds for appeal (a pair of grounds for appeal) is too unreasonable that the sentence imposed by the court below (a punishment of KRW 3 million, an order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment with prison labor for an indecent act committed by the Cheongju District Court on May 11, 2018, and two years of suspended execution, and the above judgment became final and conclusive on May 19, 2018, and the Defendant was guilty of the instant crime committed by the lower judgment prior to the judgment becomes final and conclusive.

As above, in the crime for which judgment became final and the instant crime are concurrent crimes after Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

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

【Grounds for the judgment to be used again] The summary of the facts constituting a crime and evidence recognized by this court is as follows: “The Defendant was sentenced on May 11, 2018 by the Cheongju District Court to a compulsory indecent act and on May 19, 2018, and the above judgment became final and conclusive on May 19, 2018.” The summary of the facts constituting a crime and evidence is as stated in the respective corresponding column of the judgment of the court below, except for adding “1. court rulings and investigation reports” to “a summary of evidence” column.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.