The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3 million, 40 hours after completion of a sexual assault treatment program, confiscation) is too uneased and unreasonable.

2. The circumstances favorable to the defendant include the fact that the judgment of the crime is recognized and reflected, that the photograph taken does not seem to have been disseminated, and that there is a need for medical treatment due to suffering from a mental disorder, etc.

However, on December 23, 2015, the Defendant was sentenced to two years of suspension of the execution on December 31, 2015 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using a camera, etc.) and a crime of obscene performance, and was sentenced to two years of suspension of the execution on December 31, 2015, and the said judgment became final and conclusive on December 31, 2015, and again committed the instant crime, and did not make any effort to recover damage with the victim.

In full view of all the circumstances, including these circumstances, such as equity with a similar case, the age, sex, and environment of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unfeasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

1. The punishment, etc. of sexual crimes committed against him/her;