The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

1. The defense counsel’s written opinion on June 5, 2018 and each of the statements in the oral proceedings filed on July 3, 2018, after the lapse of the period for filing the appeal, are deemed to the extent that the grounds for appeal are supplemented.

A. When considering the amount of the reputation of the victim of the mistake of fact, the victim was drunk at the time of each of the crimes in this case and did not have the possibility of resistance.

In addition, in light of the statements of the victim without credibility or the degree of involvement of the F, the victim and the F have gathered in advance for the purpose of receiving criminal agreement and let the defendant commit a sex offense against the victim.

Nevertheless, the court below held that, at the time of each of the crimes in this case, the victim was drunk and was in an incompetence, and that the defendant used it to rape or rape the victim.

The court below found the defendant guilty of all the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. At the time of each of the instant crimes, the Defendant was in a mental and physical weak state by drinking alcohol.

(c)

The punishment sentenced by the court below (the imprisonment of three years and six months) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

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 a period of ten years for a sex offense against children, juveniles, or adults, was amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the same Act provides for a period of restriction on employment in consideration of the seriousness of the offense, the risk of recidivism, etc. while a court sentenced the punishment for an individual sex offense, and determines the period of restriction on employment within the extent of ten years, and Article 3 of the Addenda of the above Act provides that “The amended provisions of Article 56 shall commit a sex offense before July 17, 2018, the date the above Act enters into force.”