The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years and six months of imprisonment, and four years of suspended execution) is too unhued and unfair.

According to Article 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), prior to the judgment on the grounds of ex officio appeal, the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (carmers, etc.) shall be clearly considered to constitute a sexual crime prescribed by the Sexual Crimes Punishment Act. According to Article 16 (2) of the same Act, where a conviction is rendered against a person who committed such sexual crime, barring any special circumstance, the court shall impose an order to attend a course necessary for the prevention of recidivism or order to complete a sexual assault treatment program to the extent that such order does not exceed 50 hours,

In this context, special circumstances where an order to attend a course or order to complete a program can not be imposed mean cases where, for example, it is considerably difficult or even if it is imposed on the defendant due to physical or mental reasons, such as mental disorder stipulated in Article 10 of the Criminal Act, it does not assist the

피고인이 간(肝)이식수술을 받아 지속적인 투약 및 관리를 받아야 하기는 하나, 그렇다고 하여 항상 병원에 입원한 상태로 지내야 하는 것도 아닌 이상 그것이 신체적 사유로 성폭력치료강의 자체를 수강할 수 없는 특별한 사정에 해당한다고 볼 수는 없고, 달리 그러한 사정에 관한 증거가 없으므로 피고인에게 수강명령 등을 부과하였어야 함에도, 원심은 아무런 설명 없이 이를 누락함으로써 판결에 영향을 미친 잘못이 있다.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the following is again reversed after pleading.