The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by a fine of KRW 5,000,000.

1. The sentencing of the court below (the fine of KRW 7,00,000) is too unreasonable in light of the gist of the grounds for appeal.

2. On January 30, 2019, prior to the judgment on the grounds for appeal ex officio, the defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Busan District Court, and the fact that the judgment became final and conclusive on April 26, 2019 is significant in this court.

The offense of this case and the offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for which a judgment has become final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the same shall be judged at the same time under the former part of Article 39(1) of the Criminal Act, and the equality shall be considered, and the punishment for each offense shall

In this respect, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the court below's judgment excluding the compensation order is reversed, and the following is again decided after pleading.

[Dao-written judgment] The summary of the facts constituting an offense and evidence admitted by the court below and the summary of the evidence are as follows. The first head of the judgment of the court below added "the defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court on January 30, 2019 as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amera, etc.) and its judgment became final and conclusive on April 26, 2019" to "1. Criminal records and other inquiries" to the summary of the evidence, and therefore, it is identical to each corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, and the choice of fines for negligence;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;