The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. In fact, the Defendant, misunderstanding the legal principles, and misunderstanding the victim, committed an indecent act by putting the rubber strings cited at the back seat of the victim and putting them up, and the victim did not have committed an indecent act, such as holding the victim in front of the rubber strings of the victim’s seat on the right side.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles, which affected the conclusion of the judgment

B. The sentence of the lower court’s unfair sentencing (one million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. We examine ex officio the defendant's argument of reasons for appeal prior to the determination of ex officio.

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., upon sentencing the punishment for each sex offense, the court shall set a differential period of employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda to the above Act provides that Article 56 of the 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, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mistake and misunderstanding of legal principles against the judgment of the court is still subject to the judgment of the court, and this is examined below.

B. Determination of the misunderstanding of facts and misapprehension of legal principles