The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts and improper sentencing) 1) did not commit any act described in each of the facts charged against the victim.

Nevertheless, the lower court found the Defendant guilty, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended sentence, and 40 hours of lecture for treatment of sexual assault) is too unreasonable.

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

2. We examine ex officio prior to determining the grounds for appeal by the Defendant and the Prosecutor.

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) and (2) 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 a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., when the court sentenced the punishment for each sex offense, and separately determines the period of restriction on employment within a period of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the above 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 also apply to this case.

However, despite the above reasons for reversal ex officio, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined in the following Paragraph 3.

3. Judgment on the grounds for appeal

A. As to the assertion of mistake of facts as to the crime of violation of the law on the child uniforms of each of subparagraphs 1 and 2 of the holding of the court below (sexual harassment, etc. against a child) in the judgment below, the court below and the trial court have lawfully adopted it.