The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

1. With respect to the part of the case of the defendant, the court below rendered a judgment dismissing the prosecutor's claim regarding the part of the case of the defendant, and since only the defendant appealeds against this, the court below's judgment is excluded from the scope of the judgment of the court below, notwithstanding Articles 21-8 and 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., as there is no benefit to appeal concerning the part of the case of the claim for the protection observation order.

Therefore, the scope of this court's adjudication is limited to the defendant's case which was pronounced guilty by the court below.

2. At the first trial date of the first trial, the Defendant and the defense counsel asserted that the above argument was erroneous and misapprehension of the legal principles on the grounds of appeal. However, at the second trial date of the trial of the first trial, the above argument was explicitly withdrawn, and only the sentencing was corrected on the grounds of appeal.

The punishment sentenced by the court below (the completion of the sexual assault treatment program for 2 years and 6 months, and 40 hours) is too unreasonable.

3. It is ex officio before determining the Defendant’s ground of appeal on the grounds of ex officio determination (restricted order)

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 a sex offense against children, juveniles, or adults, shall be separately determined for a period of restriction on employment by each defendant of each case in consideration of the seriousness of the offense, the risk of recidivism, etc., and Article 3 of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018) shall also apply to persons who committed a sex offense before July 17, 2018, and who have not been finally determined.