The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

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 (4 million won in penalty and 120 hours in order to complete a sexual assault treatment program) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, Article 48(1)1 of the Criminal Act provides that “goods provided or intended to be provided to a criminal act” as objects that may be confiscated, prior to the judgment on the grounds for appeal by the prosecutor ex officio.

In this context, "goods provided for criminal conduct" means goods used for criminal conduct or conduct closely related to such conduct, and "goods to be provided for criminal conduct" means goods that have been prepared to be used for criminal conduct, but have not been actually used.

According to the records, the seized Samsung mobile phone jum (No. 1) is a thing used by the defendant to photograph the body of the victim in committing a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.). The court below did not confiscate it even though it is obvious that it was an object given to the instant criminal act.

This constitutes an unlawful act which affected the conclusion of the judgment by misunderstanding the legal principles as to the requirements for confiscation or forfeiture, and in this respect, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;