A defendant shall be punished by imprisonment for six months.

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

A. Since the Defendant did not commit an indecent act against the victim by means as stated in the facts charged in the instant case, the judgment of the court below convicting the Defendant of the facts charged in the instant case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended sentence, 40 hours of probation, alcohol treatment, 40 hours of sexual assault treatment, 40 hours of imprisonment) is too unreasonable.

2. Ex officio determination

A. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “former Act”) uniformly limits the employment of a child or juvenile-related institution, etc. for ten years from the date the execution of all or part of the punishment or medical treatment and custody is terminated or suspended or exempted, but Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018; hereinafter “Amended by Act No. 15352, Jan. 16, 2018”); however, Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018; hereinafter “Act on the Protection of Juveniles against Sexual Abuse”) in cases where a court declares a sex offense or medical treatment and custody, at the same time, does not restrict employment.

Meanwhile, Article 3 of the Addenda to the amended Juvenile Protection Act provides that "The amended provisions of Article 56 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment."

For the reasons indicated in its holding, the lower court convicted all of the charges of indecent act by compulsion of this case.

However, amendments are made.