The judgment below is reversed, and the case is remanded to Busan High Court.

1. We examine the grounds of appeal.

The judgment below

In light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

2. The decision is made ex officio.

Article 16(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended and promulgated by Act No. 10258, Apr. 15, 2010; hereinafter “former Act on Special Cases”) provides that where a court suspends the execution of a sentence against a sex offender, it may order probation or order community service or attending lectures for a certain period within the period of probation or within the period of probation.”

However, Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) amended by Act No. 10567 of April 7, 201 provides that “where a court declares a conviction (excluding postponement of a sentence), it may concurrently order a person who has committed a sexual crime to attend a lecture or to complete a sexual assault treatment program for a period not exceeding 300 hours,” and Paragraph (1) of the Addenda provides that “this Act shall enter into force six months after its promulgation,” and Paragraph (2) provides that “The amended provisions of Article 16 shall apply to a person who has committed a sexual crime first after this Act enters into force, from the person who has committed a sexual crime.” As such, the court may concurrently order an order to attend a lecture where only a person who has committed a sexual crime is sentenced after October 8, 2011.

B. Regarding the instant case, Article 16(2) of the Act on Special Cases Concerning the Amendment provides that the date of the instant crime.