The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal by the prosecutor (unfair sentencing) is as follows: (a) the crime of this case in which the defendant was parked, opens the windows at the seat of his knife vehicle in which the defendant was parked, and takes the sex organ out at the seat of the knife so that people can see it

In light of the fact that it is not good that the above act was publicly obscene, the lower court’s sentence, which sentenced fines of KRW 2,000,000 and orders to complete a sexual assault treatment program for eight hours, is deemed unreasonable.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

According to the Defendant’s testimony at the trial court, etc., the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Friwon on February 10, 2017 and the judgment became final and conclusive on February 18, 2017.

However, since the crime of obscenity in this case is one of the concurrent crimes after Article 37 of the Criminal Act with the crime of violating the Road Traffic Act (unlicensed driving) for which the judgment became final and conclusive, the court below did not take such measures, even though it considered equity with the case to be judged at the same time pursuant to Article 39(1) of the Criminal Act and determined a punishment after examining whether to reduce or exempt the punishment. In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant are as follows: "The defendant was sentenced to four months of imprisonment on February 10, 2017 due to a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Flag Flag method Board on February 10, 2017, and the judgment became final and conclusive on February 18, 2017," and the summary of the evidence added "1.1. Defendant's trial statement" to the summary of the evidence, and therefore, the Criminal Procedure Act is identical to each corresponding column of the judgment below.