The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall be imposed on the defendant.

1. The court below dismissed the prosecution regarding the assault among the facts charged in the instant case, and convicted the remaining facts charged, respectively.

As to this, both parties have appealed only to the guilty portion of the judgment below, the dismissed portion of the above indictment is separately determined as is after the lapse of the appeal period, and excluded from the scope of the judgment of this court

2. Summary of reasons for appeal;

A. Defendant 1) The Defendant did not commit an indecent act against the victim, as described in the facts charged, with the misunderstanding of facts and the hearing failure (related to forced indecent act).

Nevertheless, the judgment of the court below that found the defendant guilty of this part of the facts charged on the grounds of the statement of the victim and witness without credibility is erroneous and incomplete.

2) The lower court’s sentence (4 million won in punishment, and 40 hours in completion of sexual assault treatment programs) against an unfair defendant in sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

3. Determination

A. We examine ex officio the grounds for appeal by both parties, prior to the judgment.

Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “former Act”) places restrictions on the employment of a juvenile-related institution, etc. for ten years from the date on which the execution of all or part of a punishment or a medical care and custody for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) was completed uniformly or suspended, but Article 56(1) of the former Act on the Protection of Children from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “former Act on the Protection of Juveniles from Sexual Abuse”) was amended and enforced on July 17, 2018, contrary to the previous provision, Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (hereinafter “former Act”).