The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and 80 hours of social service) is too unhued and unreasonable.

2. We examine ex officio the Prosecutor’s grounds for appeal prior to the judgment.

The crime of obscenity in this case constitutes a sexual crime under Article 2(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Article 16 (2) of the same Act provides that an order to attend a course or order to complete a sexual assault treatment program shall be issued concurrently, except in extenuating circumstances where an order to attend a course or order to complete a program is not issued, and the order to complete a sexual assault treatment program shall be issued concurrently for a period of 50 hours, unless there are special circumstances

Article 16 (3) of the same Act provides that an order to attend a course for a sex offender shall be imposed concurrently within the period during which the execution of a sentence is suspended, and an order to complete a program shall be imposed concurrently when a fine or heavier punishment is sentenced.

However, the lower court found the Defendant guilty of the instant crime of obscenity of public performance and omitted the imposition of an order to attend a lecture while suspending the execution of imprisonment (no opinion was presented in the lower judgment on any special circumstance where the order to attend a lecture cannot be imposed), and since the order to attend a lecture is an incidental disposition that is sentenced simultaneously with the judgment of the sexual crime case, the lower court’

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;