All judgment of the court below shall be reversed.

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

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 8 months, order to complete a sexual assault treatment program 40 hours, and order to complete a sexual assault treatment program : imprisonment with prison labor for 4 months) is too unreasonable.

2. Ex officio determination

A. First, the defendant appealed against the judgment of the court below which pronounced guilty of the defendant, and this court consolidated each of the above cases.

Each of the crimes committed by the Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and thus, a single sentence should be ruled at the same time pursuant to Article 38 of the Criminal Act, and the above judgment of the court below cannot be maintained as it is.

B. In addition, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person who was finally and conclusively declared as having been sentenced to a sex offense or sex offense against a child or juvenile (hereinafter “sexual crime”) may not operate a child or juvenile-related institution or provide employment or actual labor for ten years from the date on which the execution of the sentence or medical treatment and custody is terminated, or suspended or exempted.

However, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that where a sentence of punishment or medical treatment and custody is imposed for sex offense, an order to operate a child or juvenile-related institution, etc. or to prevent the said institution from operating such institution from providing employment or actual labor for a certain period from the date the execution of such punishment or medical treatment and custody is terminated, suspended or exempted (where a fine is imposed, the date on which the sentence becomes final) shall be sentenced, simultaneously with a judgment on the sex offense case.

On the other hand, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15352, January 16, 2018) provides that "the amended provisions of Article 56 shall be enforced by this Act."