The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the lower court’s punishment (2.5 million won of a fine) is too unhued and unreasonable.

2. We examine ex officio prior to the judgment of the Prosecutor on the grounds for appeal.

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and

(See Supreme Court Decision 2010Do15253 Decided January 13, 201, and Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc.). According to the records, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul Northern District Court on June 14, 2013, and on December 12, 2013, and the said judgment became final and conclusive by a judgment dismissing the appeal by the Supreme Court on December 12, 2013. Thus, the crime for which the said judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence of the defendant acknowledged by this court is as follows: "The defendant was sentenced to imprisonment with prison labor on June 14, 2013 for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul Northern District Court on the Protection of Children and Juveniles against Sexual Abuse on June 14, 2013, and the above judgment became final and conclusive on December 12, 2013" in the first sentence of the crime of the judgment of the court below, and the second sentence of the crime No. 6 on the ground that "the 6th sentence on the 2nd sentence of the crime that "the aided the victim to inflict an injury" so that the victim cannot be identified.