The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the court below (the imprisonment of August, 40 hours, orders to complete sexual assault treatment programs, confiscation) is too unreasonable.

2. Ex officio determination

A. Where a sex crime which causes the registration of personal information and other crimes are concurrent pursuant to the former part of Article 37 of the Criminal Act and a sentence is pronounced pursuant to Article 38 of the Criminal Act, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which omitted deliberation on whether to shorten the registration period of personal information, shall be deemed to be a sentence for the sex crime which causes the registration of personal information (Article 45(2)), and where the court deems it unfair to determine the registration period pursuant to each subparagraph of Article 45(1) as applicable, it shall allow the defendant to determine the short-term registration period during the period under each subparagraph of Article 45(1) (Article 45(4)) by judgment (Article 45(1)). The lower court recognized the defendant guilty of both the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes that constitute a sex offense subject to registration and the charges of intimidation under each of the above crimes are concurrent crimes under the former part of Article 37 of the Criminal Act.

On the other hand, the defendant was sentenced to imprisonment.

However, it is necessary to additionally examine whether the period of registration of personal information on the accused is unfair to determine the period prescribed in each subparagraph of Article 45(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and to judge whether the longer short-term period of registration is determined during each of the above periods. Thus, the judgment of the court below is no longer maintained.

Pursuant to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Korea, the part of the judgment setting a longer short-term period during the period prescribed in the subparagraphs of paragraph (1) of the same Article is an incidental disposition to be sentenced simultaneously with a conviction of a sex offense case subject to registration, and there is no illegality in the remaining part of the judgment below