We reverse the judgment of the court below.

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

The above fine shall not be paid by the defendant.

1. Each sentence of the judgment below on the grounds of appeal (No. 1: fine of 3 million won, order to complete a sexual assault treatment program with 40 hours, order to complete a sexual assault treatment program: fine of 5 million won, and order to complete a sexual assault treatment program with 40 hours) is too unreasonable.

2. We examine ex officio prior to determining the Defendant’s grounds for appeal for sentencing ex officio.

Article 38(1) of the Criminal Act provides that the first and second original courts shall have completed a separate deliberation of the crime of indecent act by the Defendant, and subsequently sentenced the Defendant to the above punishment. The Defendant filed an appeal against the lower judgment, and this court decided to consolidate the above appeal cases. Each of the offenses against the Defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Therefore, the lower judgment cannot be reversed in this respect.

3. The judgment of the court below, on the grounds that there are grounds for reversal as seen above, is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the judgment of the court below as to the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.