The judgment of the court below (excluding a compensation order) shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

1. The summary of the grounds for appeal (an unjust assertion) of the lower court’s imprisonment with prison labor for not less than four months is too unreasonable.

2. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for Ex officio Determination provides that where a person who commits a sexual crime is convicted of a conviction (excluding postponement of a sentence), an order to attend a lecture or order to complete a sexual assault treatment program shall be issued concurrently for up to 500 hours, barring any special circumstance.

Nevertheless, the court below sentenced the defendant guilty for four months of imprisonment with prison labor and did not concurrently issue an order to attend a lecture or to complete a program ( there is no determination on special circumstances where an order to attend a lecture, etc. cannot be imposed). The court below erred by misapprehending the legal principles on the necessary concurrent imposition of an order to attend a lecture, etc. under Article 16 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which affected the conclusion

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 346 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Where a conviction against the defendant is finalized on the criminal facts subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture;