The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

【Judgment on Grounds for Appeal】

1. The court below's sentence (five million won of fine) against the defendant in light of the gist of the grounds for appeal is too unhued and unreasonable.

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

Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a court shall concurrently order a person who has committed a sexual crime to attend a lecture or to complete a sexual assault treatment program for up to 500 hours, except in extenuating circumstances.

Nevertheless, the court below found the Defendant guilty of a fine of five million won and did not concurrently impose an order to attend a course or order to complete a program ( there is no determination as to special circumstances where an order to attend a course or order to complete a program cannot be imposed). Since the court below erred by misapprehending the legal principles on the necessary concurrent imposition of an order to attend a course or order to complete a program, which affected the conclusion of the judgment, the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the order of provisional payment.