The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) explicitly withdrawn the remaining arguments, excluding the unfair argument in sentencing, on the first trial date.

The sentence of the lower court (an amount of five million won) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to one year of imprisonment for a crime of violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse (voluntary indecent act) at the Busan District Court’s Branch Branch Branch on April 10, 2018, and was sentenced to a dismissal judgment by the Busan High Court on June 21, 2018 (2017 High Court No. 279), and on June 21, 2018 (2018No. 262), and the Defendant appealed against this judgment, but the Defendant was dismissed by the Supreme Court on August 17, 2018 (2018Do10884).

As the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse against which judgment has become final and conclusive, and the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse after Article 37 of the Criminal Act are concurrent crimes, punishment for the crime of violation in the judgment of the court below shall be imposed in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by the court, and the summary of the evidence, among the judgment of the court below, were sentenced to imprisonment with labor for one year for a crime of violating the Act on the Protection of Juveniles from Sexual Abuse in the Busan District Court's Dong Branch on April 10, 2018, and the above judgment became final and conclusive on August 17, 2018.

“1. Previous convictions in the judgment of the court of first instance” is added to “1. The defendant’s oral statement and investigation report (except for the addition of the judgment of the court of first instance attached to the case in which the person under consideration is pending in the appellate trial).