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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of one year, two years of suspended execution, two years of social service hours of 160 hours, and 40 hours of sexual traffic brokerage, additional collection, Defendant B: imprisonment of 10 months, two years of suspended execution, two years of suspended execution, observation of protection, one60 hours of community service and forty hours of sexual traffic brokerage) are too unreasonable.
B. The Prosecutor (as to Defendant A)’s sentence imposed by the lower court on Defendant A is too unfasible and unreasonable.
2. We examine the Defendants and the Prosecutor’s grounds of appeal against Defendant A ex officio before determining the grounds of appeal.
Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant in each case, taking into account the seriousness of the crime and the risk of recidivism, etc., in which the court sentenced the individual sex offense case to a different period of restriction on employment within ten years. Article 3 of the Addenda of the above Act provides that the amended provisions of Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018; hereinafter referred to as the "Act on the Protection of Children and Juveniles against Sexual Abuse") shall apply to those who were sentenced to a sex offense before July 17, 2018, and thus, the judgment of this case shall not 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 defendants and the prosecutor's unfair argument about sentencing against Defendant A, on the grounds that the judgment of the court below is reversed ex officio.