A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for forty hours.

A. The misunderstanding of the legal principles and mistake of facts did not refuse to make any resistance against the Defendant, even though the Defendant specifically memorys the criminal facts, since the awareness was clearly identified at the time of the instant case.

The victim did not appear to be “in the impossible state of resistance,” which constitutes the elements of the crime of rape corresponding to the time of the instant case.

B. The sentence sentenced by the court below to the defendant (one year and six months of imprisonment, 40 hours of order to complete the course) is too unreasonable.

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

Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, which was amended by Act No. 15352 on January 16, 2018, stipulates that a person who was finally determined to be sentenced to a punishment or treatment for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide employment or actual labor to a child-related institution, etc., and uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter “restricted period”) shall be ten years.

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that where a court issues a sentence or treatment and custody for a sex offense, it shall, by judgment, issue an order to operate a juvenile-related institution, etc. for the period of restriction on employment or to prohibit a juvenile-related institution, etc. from being employed or actually employed by the juvenile-related institution, etc. (hereinafter referred to as “restricted order on employment”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there are other special circumstances in which employment should not be restricted.

(b) make a determination.