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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (three million won of a fine) is too unreasonable.
2. Ex officio determination
A. On March 12, 2010, in the trial of the prosecutor, the defendant was sentenced to a suspended sentence of two years and four years on the grounds of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.), which is a sex offense against children and juveniles at the Changwon District Court on March 12, 2010. The defendant was sentenced to a suspended sentence of four years and six months on March 12, 2010, and applied for a suspended sentence of four years and six months on March 20, 2010. The defendant was sentenced to a suspended sentence of four years in the Changwon District Court on March 12, 2010, and the defendant was sentenced to a suspended sentence of four years and six months on March 20, 2010, and the judgment of the court below was no longer maintained.
B. In addition, on December 18, 2014, the Defendant was sentenced by the Changwon District Court to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc.) and on April 9, 2015, and the said judgment became final and conclusive on April 9, 2015. The crime in the judgment of the court below is in a concurrent relationship between the above crime for which judgment has become final and conclusive in accordance with Article 39(1) of the Criminal Act with the crime in the latter part of Article 37 of the Criminal Act and the crime in which judgment has become final and conclusive in relation to the crime in which the above crime in the judgment of the court below and the above crime
3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discretionary Judgment] Criminal facts and summary of evidence recognized by the court.