The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

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 (4 million won of a fine) is too unhued and unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on June 5, 2018 by the Gwangju District Court, which was sentenced to a two-year suspended sentence on June 13, 2018, and the judgment became final and conclusive on June 13, 2018. The Defendant’s crime of indecent act and the above-mentioned crime, which became final and conclusive in the judgment of the court below against the Defendant, are concurrent crimes under the latter part of Article 37(1) of the Criminal Act, and a sentence is determined in consideration of equity in cases where

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 oral argument.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for adding "the defendant was sentenced to two years of suspended sentence for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on June 5, 2018 at the Gwangju District Court sentenced to two years of suspended sentence for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on June 13, 2018" to "the above judgment became final and conclusive on June 13, 2018" in the first head of the judgment of the court below as stated in the

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Matters concerning an order for disclosure, an order for notification, and the punishment, etc. of sexual crimes exempt from employment restriction orders;