The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal is that the lower court’s punishment (two-month imprisonment, two-year suspension of execution, forty-hours of order to attend a community service order and 160 hours of community service order) against the Defendant is undue and unfair, and the lower court’s judgment was unlawful since it did not issue an employment restriction order to the Defendant pursuant to the relevant statutes.

2. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) stipulates that a person who was finally and conclusively sentenced to punishment or medical treatment and custody due to a sex offense shall not be able to operate a child or juvenile-related institution, etc., or to provide employment or actual labor to such institution, etc., for at least ten years from the end, etc. of the execution of the punishment or medical treatment and custody.

However, unlike the previous provision, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018 (hereinafter “the amended Act”), where a court declares a sex offense and imposes a punishment or medical treatment and custody under paragraph (1), it shall be sentenced at the same time as a judgment of a sex offense case where the operation of a child or juvenile-related institution, etc. prescribed in each of the following subparagraphs, or the employment or actual labor is prohibited from being provided to such institution, etc. for a certain period from the end, etc. of the execution of the punishment or medical treatment and custody: Provided, That where the risk of recidivism is remarkably low or where it is deemed that there is any special reason not to restrict employment, an employment restriction order may not be issued, and paragraph (2) of the same Article provides that the period of the employment restriction shall not exceed ten years.

In addition, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018) provides that "the amended provisions of Article 56 shall also apply to persons who have committed sex offenses before this Act enters into force and have not been finally determined.