The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 80 hours against the defendant.

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal for ex officio judgment.

Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a court shall concurrently order a person who has committed a sexual crime to attend a lecture or to complete a sexual assault treatment program for up to 500 hours, except in extenuating circumstances.

Nevertheless, the court below found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and sentenced the Defendant to imprisonment with prison labor and six months, and did not concurrently impose an order to attend a course or order to complete a program ( there is no determination on special circumstances where an order to attend a course or order to complete a program cannot be imposed). Since the court below erred by misapprehending the legal principles on necessary concurrent imposition of an order to attend a course or order to complete a program, which affected the conclusion

Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Article 260 (1) of the Criminal Act, Article 347-2 of the Criminal Act, and Article 14 (1) Kamer, etc. of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be applicable to the relevant criminal facts, the choice of punishment, and the choice of punishment;