The judgment below

The part of the case of the defendant is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

(b).

1. Summary of grounds for appeal;

A. The lower court’s unfair sentencing and exemption from disclosure of personal information (three years of suspension of execution in imprisonment with labor for a period of two years and six months) is deemed unfair and unfair, and the lower court’s exemption from disclosure or notification of personal information of the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) is unreasonable, barring special circumstances that may not disclose or notify the personal information of the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”).

B. It is unreasonable for the lower court to dismiss the request for attachment order even if it is necessary to attach an electronic tracking device because the Defendant’s dismissal of the request for attachment order is highly likely to repeat sexual crimes again.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio as to the part of the case of the defendant.

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352), which was effective July 17, 2018, provides that where a court issues a sentence of a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as "sex offense") for medical treatment or custody (excluding a person who has been sentenced to a fine pursuant to Article 11(5)) by judgment, the court shall issue an order to operate a child or juvenile-related institution, etc. prescribed by the above Act, or to prohibit the operation of a child or juvenile-related institution, etc., or to provide employment or actual labor to a child or juvenile-related institution, etc., for a certain period from the date the execution of the sentence is terminated or suspended (where a fine is sentenced, the date on which the sentence becomes final).

In addition, Article 3 of the Addenda of the same Act provides that the amended provisions of Article 56 of the same Act shall also apply to persons who have committed sex offenses before this Act enters into force and have not been finally determined.

Therefore, it is necessary to issue an employment restriction order to the defendant who committed a sex offense before the enforcement of the above Act.

one Gu.