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 gist of the grounds for appeal is that the lower court’s punishment (three million won of fine, forty hours of order to complete a program) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the records of this case show that the Defendant, at the Ulsan District Court on October 7, 2014, was sentenced to a suspended sentence of three years and six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act against minors, etc. under the age of 13), and that the judgment became final and conclusive on January 23, 2015. The criminal facts of this case are in the concurrent relationship between the crime for which the judgment became final and the crime under the latter part of Article 37 of the Criminal Act and the crime under the latter part of Article 39(1) of the Criminal Act. In light of the criminal facts of this case and the application of the statutes of the judgment below, it appears that the judgment of the court below was omitted, and thus, it was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after hearing.

[Discied Judgment] A person who was sentenced to a suspended sentence of three years and six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Ulsan District Court on October 7, 2014 (an indecent act, such as a minor, etc. under the age of 13) was sentenced to a suspended sentence of three years and six months, and the judgment becomes final and conclusive on January 23, 2015.

피고인은 2014. 4. 1. 15:25경, 양산시 남부동에 있는 동원로얄듀크아파트 앞 놀이터 내 원통형 터널 안에서, 피해자 B(여, 10세)와 C(여, 10세)가 미끄럼틀 위에 있는 놀고 있는 것을 보고 순간적으로 욕정을 일으켜 자신의 성기를 꺼내 손으로 잡고 흔들어서 공연히 음란한 행위를 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B and C;

1. On-site photographs;

1. A previous conviction in judgment: