The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (for 6 months of imprisonment, 2 years of suspended sentence, 40 hours of order to complete sexual assault treatment programs, confiscation) is too uneased and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

Recognizing the Defendant guilty of the facts charged in the instant case and sentenced the suspended sentence of imprisonment, the lower court concurrently applied the main text of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to order the Defendant to complete a sexual assault treatment program for 40 hours.

The main sentence of Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016; hereinafter the same shall apply) shall apply to an order to attend a lecture or order to complete a program concurrently with a judgment of conviction on a defendant. The above provision provides that "where a court declares a conviction (excluding a suspended sentence) against a person who has committed a sexual crime or notifies a summary order, the court shall concurrently order the person who has committed a sexual crime to attend a lecture or to complete a sexual assault treatment program for a period not exceeding 50 hours," and the main sentence of paragraph (3) of the same Article provides that "an order to attend a lecture under paragraph (2) of the same Article shall be imposed concurrently within the period of suspension of the execution of the sentence, and an order to complete a program shall be imposed concurrently where the court sentences a fine or heavier punishment or notifies a summary order to the person who has committed a sexual crime" in addition to the suspension of execution of the sentence.

In light of the method and contents of the relevant statutes as seen earlier, orders to complete a program under Article 16(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be punished by imprisonment or by a fine.