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. The Defendant did not commit an indecent act against the victim, such as the facts charged.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (six months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service order, and forty hours of order to attend a sexual assault treatment lecture) is too unreasonable.

2. 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. 6, 2018) stipulates that a person who was sentenced to a punishment or medical treatment and custody for a sex offense or sex offense against a child or juvenile (hereinafter referred to as “sexual crime”) shall operate a facility, an institution, or a place of business under each of the following subparagraphs (hereinafter referred to as “child or juvenile-related institution, etc.”) or shall not provide employment or actual labor to a child or juvenile-related institution, etc., uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “period of restriction on employment”) shall be ten years.

However, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 6, 2018 and enforced July 17, 2018, provides that where a court declares a sentence of imprisonment or a medical treatment and custody due to a sex offense, it shall issue an order to operate a child and juvenile-related institution, etc. or not to provide employment or actual labor to a child and juvenile-related institution, etc. during the employment restriction period (hereinafter referred to as “employment restriction order”) simultaneously with the judgment of the sex offense case: Provided, That the same shall not apply to cases where the risk of recidivism is considerably low or where it is deemed that there are special circumstances that prevent the restriction on employment, and the employment restriction period under paragraph (2) shall not exceed ten years.

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018).