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. The sentence imposed by the court below (the suspended sentence for a penalty of three million won) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The judgment shows the attitude against the defendant when he recognized the crime of this case, the video taken by the defendant seems not to have been distributed externally, the defendant's primary crime, a certain occupation and appeal against the defendant's wife, etc. are relatively obvious in social ties.

However, the crime of this case was committed by the defendant using the mobile phone camera function in the subway, and the crime of this case was committed in light of the place and method of the crime.

The victim seems to have received a considerable sense of sexual humiliation and mental impulse as the case, and the victim is punished for the defendant.

In full view of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, including the above circumstances favorable or unfavorable to the defendant, the sentence imposed by the court below is deemed unfair because it is too low compared to the degree of the defendant's responsibility for the act committed by the crime of this case.

Therefore, the prosecutor's argument of sentencing that points this out is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court and the summary of the facts constituting an offense and the gist of evidence are as stated in each corresponding column of the judgment below, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. A sexual crime committed in compliance with the relevant provisions of the Act and the selection of a sentence;