A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for forty hours.

A. The victim, such as misunderstanding of facts, did not have mental or physical loss or incompetence, and the Defendant had sexual intercourse under agreement with the victim.

Even if the victim was in a state of mental or physical loss or impossibility of resisting, the Defendant was unable to be aware of it, so there was an intention to have sexual intercourse with the victim by taking advantage of the victim’s mental or physical loss or impossibility of resisting the victim.

subsection (b) of this section.

Nevertheless, the court below found the defendant guilty of the facts charged in this case on the basis of the statement of the victim without credibility. In so doing, the court below erred by misapprehending the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018; hereinafter referred to as “sex offense”) provides that a person, who was sentenced to a punishment or a medical care and custody for committing a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”).

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that where a court issues a sentence or treatment and custody for a sex offense, it shall not operate a juvenile-related institution, etc. during the period of employment restriction, nor provide a child-related institution, etc. with employment or actual labor (hereinafter “employment restriction order”).