The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 8,00,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records of the instant case reveal that the Defendant was sentenced to imprisonment with prison labor for six months on November 9, 2017 for compulsory indecent act in the Southern Branch of the Gwangju District Court, and for forty hours on November 17, 2017 for completing sexual assault treatment programs.

As seen above, in relation to the instant crime and the crime of indecent act committed by force, etc. for which judgment became final and conclusive, punishment shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act in a concurrent relationship with the latter part of Article 37 of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, on the grounds that the above reasoning of the court below is reversed ex officio. The judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is the first head of the judgment of the court below, and the judgment on November 17, 2017 became final and conclusive on the first head of the judgment of the court below on November 9, 2017.

“A previous conviction in the judgment of the court below” is the same as stated in the corresponding column of the judgment of the court below, except for adding “A prior conviction in the judgment of the court of first instance” in the space of the evidence. Thus, all of them shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the relevant criminal facts and the selective punishment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.