The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 600,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The defendant did not commit an indecent act by compulsion against the victim.

B. The lower court’s sentence (a fine of 4 million won and completion of a sexual assault treatment program for 40 hours) against the Defendant by the public prosecutor is too unhued and unreasonable.

2. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, before ex officio determination, provides that a person who was finally and conclusively sentenced to a sex offense or sex offense against a child or juvenile (hereinafter “sexual crime”) 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 sentence or medical treatment and custody is completed, in whole or in part, 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 where a sentence of punishment or medical treatment and custody is imposed for sex offense, an order to operate a child or juvenile-related institution, etc. or to prevent the said institution from operating such institution from providing employment or actual labor for a certain period from the date the execution of such punishment or medical treatment and custody is terminated, suspended or exempted (where a fine is imposed, the date on which the sentence becomes final) shall be sentenced, simultaneously with a judgment on the sex offense case.

On the other hand, 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 committed sex offenses before this Act enters into force and have not been finally determined."

An employment restriction order under the above revised provision is an incidental disposition that is imposed 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 remaining conviction part.