The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the court below imposed 40 hours an order to attend a lecture on the defendant, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment, despite special circumstances where the defendant is unable to impose an order to attend a lecture.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (limited to four months of imprisonment, two years of suspended sentence, and 40 hours of an order to attend sexual assault treatment lectures) is too unreasonable.

2. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that “Where a court issues a conviction (excluding postponement of a sentence) against a person who has committed a sexual crime, or notifies a summary order, it shall concurrently issue an order to attend a course necessary for the prevention of recidivism or order to complete a sexual assault treatment program (hereinafter referred to as “order to attend a course”) for a period not exceeding 500 hours: Provided, That the same shall not apply to any special circumstance where an order to attend a course

However, according to the records of this case, on June 4, 2018, the Defendant received a summary order of KRW 2,00,000 and KRW 40 hours of the order to attend sexual assault treatment (Chowon District Court Decision 2018 Gowon District Court Decision 2018 Gowon High Court Decision 2875) (Chowon District Court Decision 2018 Gowon District Court Decision 338) on the following grounds: (a) the Defendant requested formal trial on June 15, 2018 (Chowon District Court Decision 2018 Gowon District Court Decision 201DaDa3388) to the effect that he/she taken the form of the victim who was in physical condition with smartphone without the consent of the victim; and (b) the Defendant sent the victim letters, notes, and photographs that may cause sexual humiliation or aversion; and (c) the Defendant threatened the victim to the effect that he/she would spread his/her body pictures, etc. upon reporting the Defendant to the police, on December 14, 2019.