The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of 4 million won, and an order to complete a sexual assault treatment program 80 hours) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in indictment by adding the attached Form to the facts charged in the instant case at the time of the trial, and since this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as shown in each corresponding column of the judgment below except for the addition of the attached Form omitted in the judgment below as shown in the annexed sheet of crime. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 74 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 44-7 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), each selection of fines, etc.

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

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

1. Article 16(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program