The judgment below

The part of the defendant's case shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

The defendant above.

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is too uneased and unreasonable.

2. On April 24, 2020, prior to the judgment on the grounds of appeal ex officio, the Defendant was sentenced to three years of imprisonment by the Seoul High Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) and the judgment became final and conclusive on May 2, 2020.

The crime of the lower court and the crime for which the said judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the 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 crime relationship under Article 39(1) of the Criminal Act. As such,

3. Accordingly, the judgment of the court below is reversed among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after hearing.

(In a case where an appeal against a judgment of conviction is filed, the order for compensation is transferred to the appellate court along with the accused case, but the accused did not object to the part of the order for compensation of the original judgment, and even if ex officio examination is conducted, the part of the order for compensation among the original judgment cannot be revoked or amended, and thus, the part of the order for compensation in the original judgment remains intact). 【The reasoning of the judgment re-written as to the part of the defendant case, which is the same as that of the original judgment, and the summary of the facts constituting an offense and evidence recognized by the court, and the summary of the evidence

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.