The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the prosecutor’s appeal grounds (e.g., a form of unfair) of this case is unreasonable in light of the following: (a) the Defendant’s order to complete a sexual assault treatment program program for a period of one million won or eight hours is too uneased, and thus, the lower court’s punishment is too uneasible.

2. We examine ex officio prior to the determination of the grounds for appeal.

The offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be an offense provided for in Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is subject to disclosure order and notification order provided for in Articles 47 and 49 of the same Act.

Nevertheless, the lower court found the Defendant guilty of committing the instant crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) and omitted judgment on the order to disclose and notify personal information to the Defendant. Thus, the lower court’s judgment cannot be maintained further

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. An indecent act at an open space in the relevant legal provisions and a judgment of the choice of punishment against the crime: Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.