The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The gist of the grounds for appeal is that the lower court’s punishment (the completion of a sexual assault treatment program for one year of imprisonment, two years of suspended execution, and forty hours of imprisonment) is too unhued and unreasonable;

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

The lower court found the Defendant guilty of the facts charged in the instant case and sentenced the Defendant to a suspended sentence of imprisonment, and ordered the Defendant to complete a sexual assault treatment program for 40 hours by applying Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment,

The main text of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to the case where the court declares a conviction (excluding the postponement of a sentence) against a person who has committed a sexual crime or notifies a summary order, and the main text of paragraph (3) of the same Article provides that "where the court declares a conviction (excluding the postponement of a sentence) or notifies a person who has committed a sexual crime, the court shall concurrently order the person who has committed a sexual crime to attend a lecture or to attend a sexual assault treatment program within 50 hours" and the main text of paragraph (3) of the same Article provides that "where the execution of the sentence is suspended, the order to attend a lecture shall be imposed concurrently within the period of the suspended sentence, and the order to attend a lecture shall be imposed concurrently where the person who has committed a sexual crime is sentenced to a fine or heavier punishment or where the summary order is notified, and Article 16(4) of the same Act provides that "where the court suspends the execution

In light of the aforementioned statutory provisions and the details thereof, orders to complete a program under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes may be imposed concurrently only when a sentence is imposed or a fine is imposed, and orders to attend a program shall be concurrently imposed when the execution of a sentence is suspended.