The defendant's appeal is dismissed.

1. It is improper that the court below ordered the defendant to complete a sexual assault treatment program for 40 hours.

2. Determination

(a) Article 21 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (2) In cases where a court declares a conviction against a person who has committed a sex offense against a child or juvenile, it shall concurrently issue an order to attend a course necessary for the prevention of recidivism or an order to complete a sexual assault treatment program (hereinafter referred to as "order to complete a sex offense") for

Provided, That the foregoing shall not apply where an order to attend a course or order to complete a program is not issued in extenuating circumstances.

(3) Above nine omitted.

B. The Defendant’s defense counsel in a concrete review asserts that the Defendant was unable to find employment with the disabled class 3 of the intellectual disability grade, and that the Defendant could suffer from the difficulties of losing the workplace when completing the treatment program for 40 hours.

The proviso of Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012), which states that the Defendant’s intellectual disability 3 is recognized, but does not seem to be capable of normally performing orders to complete a program conducted by a probation office, is an example of “mental and physically handicapped persons, etc. under Article 10 of the Criminal Act” due to special circumstances where orders to complete a program or attend a lecture cannot be imposed.

Even under the current law, there is high room for recognizing that a person who is a mentally handicapped person under Article 10 of the Criminal Act will not be ordered to complete a program, but it is difficult to view that the defendant is a mentally handicapped person or a person corresponding thereto as stipulated in Article 10 of the Criminal Act, such as stating that the defendant is in Grade III intellectual disability in the record, even though he/she is recognized as having a serious difficulty in living in the

(2) Even though the defendant committed a crime by indecent act on June 2013, and a summary order was requested due to such an offense, the court shall order the defendant committed the crime.