The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (one million won of fine) is too unreasonable.

2. According to ex officio determination records, the Defendant was sentenced to imprisonment with prison labor for one year and 80 hours at the Daegu District Court on May 15, 2014, and an order to attend sexual assault treatment programs was issued on August 7, 2014, and the said judgment became final and conclusive on August 7, 2014.

As the crime of this case is related to the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant was sentenced to an order to attend a sexual assault treatment program at the Daegu District Court on May 15, 2014 to imprisonment with prison labor and for 80 hours and so on and on August 7, 2014” in the first part of the facts charged of the judgment below, and the summary of the evidence added “1............................ were stated in the corresponding column of the judgment, except for adding “the criminal records of the judgment of the court of the court of the court below, a copy of the judgment, and a copy of the prosecutor’s integrated case search system” to the summary of the

Application of Statutes

1. Relevant Article 350 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;