The judgment of the court below is reversed.

The punishment of the accused shall be four years of imprisonment.

Sexual assault against the defendant for 80 hours.

1. Ex officio determination

A. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352), which was enforced on July 17, 2018 related to an employment restriction order, provides that in cases where a person is sentenced to a punishment of a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as “sex offense”), the court shall sentence the person subject to a fine pursuant to Article 11(5) by judgment to operate a child or juvenile-related institution, etc., or to prevent him/her from operating a child or juvenile-related institution, etc., or having him/her from providing employment or actual labor, for a certain period from the date the execution of the punishment or medical treatment is terminated or suspended (where a person is sentenced to a fine, the date on which the sentence becomes final) or exempted (hereinafter referred to as “restricted order”).

In addition, Article 3 of the Addenda of the same Act provides that the amended provisions of Article 56 of the same Act shall also apply to persons who have committed sex offenses before this Act enters into force and have not been finally determined.

Therefore, it is necessary to issue an employment restriction order to the defendant who committed a sex offense before the enforcement of the above Act.

The former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572) has no provision on the employment restriction order, and the lower court did not issue an employment restriction order to the Defendant.

Since the employment restriction order is an incidental disposition that issues an employment restriction order simultaneously with the judgment of a sex offense case, in the event that an employment restriction order is imposed on the defendant, it shall be reversed even without any error in the judgment below.

Therefore, the judgment of the court below cannot be maintained as it is (Provided, That since only the defendant appealed against the judgment of the court below, the case becomes final and conclusive at the court below, Article 4 (1) 3 (a) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352).