The judgment of the court below is reversed.

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

Sexual assault, 80 hours against the defendant.

[Judgment as to the Reasons for Appeal] The defendant asserts that the sentencing of the court below (five months of imprisonment and confiscation) is too unreasonable, while the prosecutor asserts that the sentencing of the court below is too unreasonable. However, the prosecutor asserts that the sentencing of the court below 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 sentenced the defendant guilty for five months of imprisonment and did not concurrently impose an order to attend a course or order to complete a program ( there is no determination as to special circumstances where an order to attend a course or order to complete a program cannot be imposed). In so doing, 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 of the judgment

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 grounds for 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 13(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and Article 13(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18,