The judgment of the court below is reversed.

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

40 hours against the defendant.

1. Progress of litigation;

A. On September 23, 2016, the lower court found the Defendant guilty of all the facts charged in the instant case and sentenced the Defendant to an order to complete a sexual assault treatment program program for 8 months and 40 hours, and appealed on the ground that only the Defendant was found guilty of sentencing.

B. On December 8, 2016, before remanding, the trial rendered a judgment dismissing the Defendant’s appeal by rejecting the Defendant’s unfair argument regarding sentencing, and the Defendant made a final appeal.

(c)

Since Article 45 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which was amended by Act No. 14412, Dec. 20, 2016 (hereinafter “Revised Sexual Crimes Punishment Act”) applies to this case after the judgment of the court of first instance was rendered before the remand on March 15, 2017, Article 45 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Revised Sexual Crimes Punishment Act”) is applied to this case, it is necessary to additionally examine whether the period of personal information registration against the defendant is unfair to determine the period prescribed in each subparagraph of Article 45 (1) according to the sentence of the judgment of the court of first instance, and to judge whether the short-term period should be determined during each of the above periods. Thus, the judgment of the court of first instance prior to the summons is no longer maintained. Furthermore, the part of the judgment setting the short-term period of registration is an incidental disposition simultaneously with the conviction of the sex offense case subject to registration and the remaining part of the judgment before remand is reversed, and remanded to this court.

2. Summary of reasons for appeal;

A. The crime of this case with mental disorder is committed under the state of loss or mental or physical weakness.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

3. Determination

A. Article 45(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016) ex officio prior to the judgment on the grounds for appeal by the Defendant’s appeal.