The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1 did not have committed an indecent act against the victim. However, the lower court found Defendant 1 guilty of the instant facts charged on the grounds of the victim’s father’s statement, etc. without credibility. In so doing, the lower court erred by misapprehending the facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

The lower court found the Defendant guilty of the facts charged in the instant case and sentenced the Defendant to a fine, and applied the main text of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the order to attend a sexual assault treatment program for 40 hours concurrently

Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall apply to cases where the victim of this case is eight years of age and intends to concurrently issue an order to attend a course or order to complete a sexual assault while issuing a judgment of conviction against the defendant. Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that "Where the court declares a conviction against a person who has committed a sex offense against a child or juvenile, it shall concurrently issue an order to attend a course or order to complete a sexual assault treatment program (hereinafter referred to as an "order to complete a program") for a period not exceeding 500 hours, and the main sentence of paragraph (3) of the same Article provides that "the order to attend a course under paragraph (2) shall be imposed concurrently where the execution of the sentence is suspended, and the order to complete a course shall be imposed concurrently where the person who committed a sex offense against a child or juvenile is sentenced to a fine or heavier punishment." Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.