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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In light of the evidence submitted by the prosecutor in relation to the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence), the court below acquitted the victim of this part of the charges, although the defendant could have attempted to have sexual intercourse by intrusion into the "E" tea house operated by the victim D, the court below acquitted the victim of this part of the charges. Thus, the court below erred in the misapprehension of facts.
B. The sentence of the lower court’s improper sentencing is too uneasible.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.
Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018; hereinafter referred to as “sex offense”) provides that a person, who was sentenced to a punishment or a medical care and custody for committing 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 each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”).
However, Article 56 of the Act on the Protection of Children and Juveniles from 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 sentence the order to operate a juvenile-related institution, etc., or not to provide employment or actual labor to a child-related institution, etc., during the employment restriction period (hereinafter “employment restriction order”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there are other special circumstances in which employment should not be restricted.
(b) make decisions;