The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

For the defendant.

A. The Defendant had mental and physical weakness at the time of committing the instant crime.

B. The punishment sentenced by the lower court (the imprisonment of seven years, the completion of a sexual assault treatment program for 120 hours, and the disclosure and notification of personal information for seven years) is too unreasonable.

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

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment for persons sentenced to punishment for sex offenses against children or adults, shall be determined within the limit of 10 years in consideration of the seriousness of the crimes and the risk of recidivism, etc. When a court issues a punishment for an individual sex offense case, and Article 3 of the Addenda of the above Act provides that “The amended provisions of Article 56 shall also apply to persons who have committed sex offenses before July 17, 2018, which is the date the above Act enters into force, and who have not received a final judgment.”

Therefore, this case also applies the above revised law, and in this respect, the part of the judgment of the court below on the defendant case cannot be maintained any longer.

However, the defendant's argument of mental and physical weakness is still subject to a trial by the party, despite the above reasons for reversal of authority, and the following is determined.

3. The lower court’s determination on the Defendant’s mental and physical weakness is based on the evidence duly admitted and investigated by the lower court, the details and contents of the instant crime, the Defendant’s act committed during the commission of the crime, and in particular, the Defendant discovered the victim and brought the victim to resisting, and assaulted the victim several times. In addition, the Defendant spawned the victim who was discharged from a public domain site.