A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

The sentence of the lower court (two years and six months of fine, the suspension of the execution of four years, etc.) is too unhued and unreasonable.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 on January 6, 2018, stipulates that a person who was finally and conclusively sentenced to a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as “sexual crime”) shall not operate a facility, institution, or place of business (hereinafter referred to as “child or juvenile-related institution, etc.”) or provide employment or actual labor to a child or juvenile-related institution, etc. under each of the following subparagraphs (hereinafter referred to as “child or juvenile-related institution, etc.”) and uniformly sets the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “period of employment restriction”).

In addition, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that no person who was finally determined by a sentence of punishment or medical treatment and custody for sex offense may operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities, and sets the employment restriction period uniformly for ten

However, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that where a court declares a punishment or medical treatment and custody for sex offenses, it shall, by judgment, order the operation of institutions, etc. related to children and juveniles, or the employment or actual labor of institutions, etc. related to children and juveniles during the period of restriction on employment (hereinafter referred to as “order for restriction on employment”) to be sentenced simultaneously with a judgment on a sex offense case: Provided, That in cases where the risk of recidivism is remarkably low or where it is deemed that there are any special circumstances that prevent the restriction on employment, such order may not be issued, and Paragraph 2 of the same Article.