The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

80 hours per the defendant.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, etc.) by the Defendant and the person who requested the attachment order (unfair sentencing) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the part of the Defendant case (unfair sentencing) is too uneasible and unreasonable.

2) In light of the fact that the part of the case for which the attachment order is applied and the person against whom the attachment order is requested (hereinafter “defendant”) repeatedly commits a sex offense of the same kind, the lower court’s dismissal of the request for the attachment order of the location tracking device is highly likely to recommit the same sex offense.

2. Determination

A. Article 56(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) of the Act on the Protection of Juveniles from Sexual Abuse stipulates that a person, who was sentenced to a punishment or 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 a person with employment or actual labor to a child-related institution, etc., uniformly and uniformly set the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period of employment”).

However, Article 56 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 court declares a punishment or a treatment and custody for sex offenses, it shall, by judgment, sentence a juvenile-related institution, etc., or a juvenile-related institution, etc., shall not be operated during the period of employment restriction or be employed or actually engaged in labor (hereinafter “employment restriction order”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or any other special circumstance that does not restrict employment exists.