The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 40 hours against the defendant.

1. The sentencing of the lower court (ten months of imprisonment, 80 hours of an order to attend a course, and 40 hours of an order to complete a course) is too unreasonable.

2. Of the judgment below, the part dismissing the prosecutor’s request for attachment order was finalized by the prosecutor’s failure to appeal. A.

Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that "where the court pronounces a guilty verdict (excluding the postponement of a sentence) on a person who has committed a sexual crime, the order to attend a course necessary for the prevention of recidivism or to complete a sexual assault treatment program (hereinafter referred to as "order to complete a crime") shall be issued concurrently for up to 500 hours: Provided, That the same shall not apply to special circumstances where the order to attend a course or to complete a program is unable to be issued," and Article 16 (3) of the same Act provides that "where an order to attend a course or to complete a program is suspended, the order to attend a course shall be issued concurrently within the period during which the sentence is suspended, and the order to complete a program shall be issued concurrently where the person who has committed a sexual crime is sentenced to a fine or heavier punishment under Article 9-2 (1) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and Article 16 (4) of the same Act provides that "the head of a probation office may execute a sentence concurrently or heavier punishment concurrently."

Provided, That the release shall be made before the execution of all orders to complete the program concurrently with imprisonment or heavier punishment.