The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles did not have a legal and factual position to supervise victims.

Nevertheless, the judgment of the court below recognized the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on the premise that the defendant and victims have an occupational protection relationship between the defendant and victims, and there is an error of misunderstanding the facts and misunderstanding the legal principles.

B. The sentence of the lower court’s improper sentencing (the amount of KRW 5 million, the amount of KRW 40 million, and the amount of KRW 40,000) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, this paper examined ex officio.

A. For the first instance trial, the Prosecutor applied “indecent act” to the name of the instant crime; “Article 298 of the Criminal Act” under the applicable law; and applied for permission for modification of a bill of indictment to add the same contents as those stated in the facts charged under each of the following facts charged; and as such, as seen after permitting it, the lower court found the Defendant guilty of selective addition of the facts charged, the lower court could not be maintained.

B. Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) of the same Act, which uniformly provides for the restriction on employment of children, juveniles-related institutions, etc. for a period of ten years for a sex offense against children, juveniles, or adults, provides that the court shall determine the period of restriction on employment on a different basis by each accused of each case in consideration of the severity of the offense, risk of recidivism, etc., and Article 3 of the Addenda of the above Act provides that the amended provisions of Article 56 of the same Act shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and who have not been finally determined.