All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (in the first instance court: a fine of three million won, order to complete a program, 40 hours, and second instance court: a suspended sentence of two years, community service, 80 hours, order to attend a course, 40 hours, and probation) imposed by the lower court is too unreasonable.

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

A. The appeal case of the first instance judgment and the appeal case of the second instance judgment were consolidated and tried, and each of the offenses of the lower judgment against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be punished within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained in its entirety.

B. Furthermore, according to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and Article 3 of the Addenda to the same Act (amended by Act No. 15452, Jan. 16, 2018), the provisions of Article 56 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jul. 17, 2018) apply to a person who has committed a sex offense before the said Act enters into force and has not been finally and conclusively determined, the issue of whether the Defendant committed a sex offense before the said Act enters into force and the period of restriction on employment should be examined and tried.

However, an employment restriction order is an incidental disposition that is sentenced simultaneously with a conviction of a sex offense case, and all of the judgment below should be reversed even if there is no error in the conviction part of the judgment below. In this regard, the judgment below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, and the following is again reversed after pleading.