The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one-month imprisonment, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. According to Article 29-3(1) of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018; effective June 12, 2019; hereinafter referred to as “child abuse-related crime”), where the court declares a sentence for a child abuse-related crime, it shall simultaneously issue an employment restriction order to prevent the operation of a child-related institution, employment or actual labor to a child-related institution for a given period not exceeding 10 years, with the judgment of the case related to child abuse-related crime; however, where the risk of recidivism is remarkably low, or where it is deemed that there is any special circumstance that does not restrict employment, it may choose not issue an employment restriction order.

In addition, according to Article 2 (1) of the Addenda to the same Act, the above amendment provision of Article 29-3 applies to a person who committed a crime related to child abuse before this Act enters into force and has not received a final and conclusive judgment.

However, in the instant case, although the Defendant does not fall under the “guardian” specified as the subject of child abuse crime under Article 2 subparag. 4 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, the instant crime does not constitute “child abuse-related crimes” under Article 3 subparag. 7-2 of the Child Welfare Act, the lower court erred by ordering the Defendant to restrict employment for three years by applying the main sentence of Article 29-3(1) thereof.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is again decided as follows after oral argument.

【Reason for the Judgment of the Supreme Court】 Criminal facts and evidence.