1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That this ruling shall not be later than four years from the date on which it became final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of imprisonment and four years of suspended execution) is too unhued and unreasonable.

2. We examine ex officio the grounds of appeal prior to determining the grounds of appeal.

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 has set a differential period of restriction on employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 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.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), Articles 301, 300, 297 of the Criminal Act (the point of injuring rape, the choice of imprisonment with prison labor), and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with prison labor) concerning criminal facts;

2. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the sentence is the most severe) of the Criminal Act for the aggravation of concurrent crimes.