The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. According to the proviso of Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes amended on December 20, 2016, where a fine is imposed due to obscene acts using a communication medium, the person subject to registration of personal information is not a person subject to registration, and according to the Addenda (No. 14412, Dec. 20, 2016), such amended provisions apply from cases where a conviction becomes final and conclusive due to a sex offense subject to registration after the enforcement of the aforementioned Act.

In full view of the above provisions, as the defendant is not a person subject to registration of personal information, the judgment of the court below which judged that the defendant becomes a person subject to registration of personal information is erroneous in the misapprehension of legal principles concerning personal information.

B. The sentence that the court below rendered unfair sentencing (the punishment amounting to six million won, and the order to complete a sexual assault treatment program for forty hours) is too unreasonable.

2. Judgment on the misunderstanding of the legal principles

According to the proviso to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, a person who is punished by a fine for a crime under the proviso to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016; hereinafter referred to as "sexual Violence Punishment Act") and Article 13 of the Punishment of Sexual Crimes Act shall be

On the other hand, such amended provisions apply to cases where a judgment of conviction becomes final and conclusive due to a sex offense subject to registration after this Act enters into force (Article 3 of the Addenda). Ultimately, the Defendant cannot be deemed a person who was sentenced to a fine for a crime under Article 13 of the Punishment of Sexual Violence Act and is subject to registration of personal information. Thus, the lower court’s judgment that determined the Defendant as a person subject to registration of personal information was

3. If so, the defendant's ground of appeal pointing out that there was an error in the misapprehension of the legal principles in the judgment of the court below is with merit. Thus, the judgment of the defendant's unfair argument is omitted