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. Summary of grounds for appeal;

A. Violation of the law (misunderstanding of the legal principle) exceeds the statutory penalty for the instant crime (a imprisonment of not more than one year, or a fine of not more than three million won), and the court below erred by violating the law.

B. The sentence of the lower court’s unfair sentencing (the amount of KRW 5 million, the amount of KRW 40 hours, and the order to complete a sexual assault treatment program at least 40 hours) is too uneasible and unfair.

2. In light of the determination on the assertion of legal violation, the lower court, applying Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows), which is the crime of this case, tried to impose a fine of KRW 5 million on the Defendant among the statutory penalty of the crime.

However, the upper limit of fines under Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is three million won, and the lower court erred in the misapprehension of law that affected the conclusion of the judgment by imposing a sentence exceeding the upper limit of statutory penalty. Thus, the prosecutor’s allegation of violation

3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the following is again decided after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The victim is due to the instant crime for sentencing of Article 334(1) of the Criminal Procedure Act, which is the reason for the provisional payment order.