The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 40 hours.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a punishment of imprisonment with prison labor for a period of three years and forty hours and orders to complete sexual assault treatment programs) is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

Article 56(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by the following) provides that a person who was sentenced to a punishment or a treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate the facilities, institutions, or places of business prescribed in each of the following subparagraphs (hereinafter “child-related institutions, etc.”) nor shall he/she provide employment or actual labor to a child-related institution, etc., and uniformly set the period during which the operation, employment, or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or treatment and custody is completed or suspended.”

However, Article 56(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018 (hereinafter “former Act on the Protection of Juveniles from Sexual Abuse”), unlike the previous provisions, where a court declares a punishment or a medical treatment due to a sex offense, it shall, unlike the previous provisions, issue an order to operate a juvenile-related institution, etc., or to prohibit a child from being employed or providing actual labor to a juvenile-related institution, etc., for a certain period from the date when the execution of all or part of the punishment or the medical care and custody is terminated or suspended (hereinafter “restricted period”), or to prohibit a child from being employed or providing actual labor (hereinafter “restricted order on employment”), concurrently with the judgment of the sex offense case: Provided, That where the risk of re-offending is considerably low, or there are other special circumstances that do not restrict employment.

order of employment restriction may not be issued if such order is determined

- provide, such as regulation.