A defendant shall be punished by imprisonment for six months.

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

A. The Defendant is not guilty of committing an indecent act by deceiving the victim’s sexual intercourse.

Nevertheless, the court below found the defendant guilty of the facts charged and erred by mistake of facts.

B. The punishment of the lower court (six months of imprisonment and forty hours of order to complete a sexual assault treatment program) 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 of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court shall set a differential period of employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda to the above Act provides that Article 56 of the Act shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case.

However, the defendant's assertion of mistake of the above facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.

3. The Defendant also asserted the same purport in the lower court’s determination as to the assertion of mistake of facts, and the lower court rejected this in its reasoning while explaining specific circumstances.

In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, the defendant committed an indecent act against the victim as stated in the facts charged.