We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: imprisonment for six months; order for a sexual assault treatment program to be completed; 40 hours; order for a sexual assault treatment program to be completed; certificate No. 1; and 2: imprisonment for four months; order for a sexual assault treatment program to be completed; 40 hours; and certificate No. 1) is too unreasonable.

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

2. Ex officio determination

A. 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 determined after having been sentenced to a punishment for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) 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 punishment or medical care and custody was completed 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 in cases where a sentence of punishment or medical care and custody is imposed for sex crimes, an order shall be issued simultaneously with the judgment of a sex offense case to operate a child or juvenile-related institution, etc., or to prevent the employment or actual labor of the institution, etc., for a certain period from the date of termination or exemption of the execution of all or part of the punishment or medical care and custody (where a fine is imposed, the date on which the punishment becomes final and conclusive).

Meanwhile, 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 also apply to persons who have committed sex crimes before this Act enters into force and have not been finally determined."

An order of restriction on employment under the above revised provision is an incidental disposition to be sentenced simultaneously with a conviction of a sex offense case.