All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. Defendant 2’s punishment (six months of imprisonment) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor (7 million won in penalty) is too unhued and unreasonable.

2. Ex officio determination

A. The appeal case against the judgment below was consolidated in the trial of consolidated hearing, and each of the offenses of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

B. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for the ten-year period of a sex offense against children, juveniles, or adults, was amended by Act No. 15352 on January 16, 2018, and Article 56(1) and (2) of the same Act 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 same Act provides that 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 thus, the above amended Act shall no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds, and the judgment below is reversed in accordance with the above Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, it is in accordance with Article 369 of the Criminal Procedure