The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness due to misunderstanding of facts or misapprehension of the legal doctrine, as at the time of the instant case.

B. The sentence of the lower court’s unfair sentencing (one million won in punishment, and 24 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the fact that the Defendant was suffering from the evidence at the time of the instant crime may be recognized. However, in light of the background, content and method of the instant crime, the Defendant’s act and circumstance before and after the instant crime, the Defendant had weak ability to discern things or make decisions at the time of the crime.

shall not be deemed to exist.

B. In light of the records, upon ex officio determination, the Defendant was sentenced to one year of suspension of the execution of five months of imprisonment with prison labor for larceny, etc. on July 20, 2017 in the Goyang Branch of the District Court, and the above judgment became final and conclusive on July 28, 2017. As such, the crime of the above judgment and the crime of the lower judgment, which became final and conclusive, are concurrent crimes of a group after Article 37 of the Criminal Act, and are determined by taking into account the equity in cases where the judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act, and the lower judgment cannot be maintained as it omitted.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the court below's judgment is reversed ex officio, and the following judgment is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court, and the summary of the facts charged, "The defendant was sentenced to imprisonment with prison labor for larceny, etc. on July 20, 2017 with prison labor for a year of five-month suspended on July 28, 2017, which became final and conclusive on July 28, 2017.

“1. Before the ruling,” the summary of the evidence is added to “a criminal history inquiry.”