The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the lower court (6 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unfased and unreasonable.

2. Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) stipulates that a person who was sentenced to a punishment or a treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under any of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide employment or actual labor to a child-related institution, etc., and uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period of employment”) shall be ten years.

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, Jan. 6, 2018 and enforced July 17, 2018, provides that where a court issues a sentence of a sex offense or a medical treatment and custody, it shall issue an order to operate a juvenile-related institution, etc., or not to provide employment or actual labor to a child-related institution, etc., during the employment restriction period (hereinafter referred to as “employment restriction order”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there are other special circumstances in which employment should not be restricted.

order of employment restriction may not be issued if such order is determined

The period of restriction on employment in paragraph 2 shall not exceed 10 years.

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) applies to a person who has committed a sex offense before this Act enters into force and has not been finally determined.

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