The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. Inasmuch as the Defendant committed the instant crime with stressing stress, the sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the Seoul Southern District Court on May 22, 2015 (No. 2015No. 256) and the judgment became final and conclusive on May 30, 2015. The above crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and the crime of obscene act of this case, etc. in the latter part of Article 37 of the Criminal Act are concurrent crimes. Thus, the lower court did not reverse the judgment on the grounds that the lower court did not take such measures, even though it did not have sentenced or exempted the punishment, taking into account equity and equity, etc. of the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) for which the public performance and the judgment became final and conclusive.

However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of mental disorder still is subject to the judgment of this court, and this will be examined below.

B. The record on the assertion of mental disorder reveals that the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of committing the instant crime in light of the following: (a) the background, means and method of the instant crime; (b) the circumstances at the time of committing the instant crime; and (c) the Defendant’

Therefore, the defendant's above assertion is rejected.

3. Therefore, the judgment of the court below is reversed ex officio.