The judgment of the first instance shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence of the judgment of the court of first instance (the fine of KRW 5,00,00,000, the order to complete a sexual assault treatment program for 40 hours, the confiscation) against the defendant is too unreasonable.

(b) The sentence of the first instance judgment against the Defendant by the Prosecutor is too unhued and unreasonable;

2. According to Article 323(1) of the Criminal Procedure Act, the grounds for a judgment of conviction ex officio should clearly state the facts constituting an offense, the summary of evidence, and the application of statutes. Thus, in a case where either of them was omitted in the grounds for a judgment of conviction while a judgment of conviction was rendered, it constitutes a violation of law that affected the judgment under Article 383 subparag. 1 of the Criminal Procedure Act and constitutes grounds for reversal (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). The court of first instance rendered a judgment of conviction against the Defendant, and omitted all the application of statutes

3. Since the judgment of the first instance court is based on the above reasons for ex officio reversal, the judgment of the first instance court pursuant to Article 364(2) of the Criminal Procedure Act is reversed without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and the following is again decided after oral argument.

[Discied reasoning of the judgment] Criminal facts and summary of evidence against the defendant recognized by the court is identical to the corresponding column of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is 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 under the relevant provisions concerning criminal facts, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The registration of personal information under Article 334(1) of the Criminal Procedure Act of the provisional payment order and conviction against the accused who shall be submitted.