The judgment below

Part 1 of the judgment is reversed.

Defendant shall be punished by imprisonment with prison labor for the first crime in the judgment of the court below.

1. The summary of the grounds for appeal (e.g., the form of imprisonment with prison labor for two years and six months and two years and six months, etc.) of the lower court’s sentence (e.g., the form of imprisonment with prison labor for the crime No. 1) is too unreasonable.

2. Determination

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

1) Article 29-3(1) of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018) with respect to the crime No. 1 of the judgment of the court below, a person who was sentenced to punishment or medical treatment and custody for committing a child abuse-related crime, and finally became final and conclusive, is a facility or institution falling under any of the subparagraphs thereof (hereinafter

(1) The period during which the operation, employment, or actual labor can not be provided to child-related institutions (hereinafter referred to as “period of restriction on employment”) is prescribed in a uniform manner to prevent them from being employed or providing them with actual labor.

Article 29-3 of the Child Welfare Act (amended by Act No. 1589, Jun. 12, 2019), which was amended by Act No. 1589, went into effect on June 12, 2019, stipulates a uniform term of 10 years, and Article 29-3 of the Child Welfare Act (hereinafter referred to as “order for Employment Restriction”) provides that, in cases where a court declares a sentence or a medical treatment and custody for committing a child abuse-related crime, it shall be decided

Article 29-3(1) of the Addenda to the Child Welfare Act (Article 29-3) provides that an employment restriction order may not be imposed in cases where the risk of re-offending is significantly low or there are other special circumstances in which employment should not be restricted. Meanwhile, Article 2(1) of the Addenda to the Child Welfare Act (Article 29-3) provides that a period of employment restriction under an employment restriction order shall not exceed ten years. In the meantime, Article 2(2) of the Addenda to the Child Welfare Act (Article 29-3) provides that “The amended provisions shall also apply to a person who committed a crime related to child abuse before this Act enters into force and has not been finally and conclusively determined.