The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds of appeal (the suspension of sentence of a fine of two million won) is unreasonable because it is too unfilled.

2. In a judgment of ex officio, a decision should be made on the suspended sentence even when a sentence is suspended pursuant to Article 59(1) of the Criminal Act. As such, even in a judgment of a suspended sentence, if a sentence is determined and a sentence for which a suspended sentence is suspended is a fine, not only the amount of such fine but also the amount of such penalty shall be imposed;

(See Supreme Court Decision 2004Do501 delivered on April 27, 2004). However, while suspending the sentence of a fine to the Defendant, the lower court did not make any judgment regarding the period of detention in the workhouse, the lower court did not render any judgment with regard to the period of detention in the workhouse only when the sentence of a fine to the Defendant was suspended, and only limited to a fine of two million won.

The above mistake by the court below constitutes a case where there is an error in the judgment that suspended the sentence.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, which omitted the prosecutor's decision on the grounds of appeal on the ground of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

1. Of concurrent crimes, the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a conviction becomes final and conclusive on the criminal facts of the instant case to be submitted with personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant shall be subject to special cases