The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

가. 사실 오인 피해자는 피고인과 술을 마시다가 술에 너무 취하여 나체 상태로 가게의 바닥을 뒹굴다가 대소변을 보았고, 이에 따라 피고인은 옆에 놓여 있는 수건으로 피해자의 대ㆍ소변을 닦아 주었을 뿐이며, 이 사건 공소사실과 같이 피해자의 성기나 항문에 손가락을 넣은 사실이 없다.

However, the lower court erred by misapprehending the legal doctrine regarding the facts charged in the instant case.

B. At the time of committing the instant crime, the Defendant was in a physical and mental weak state by drinking alcohol.

(c)

The punishment of the court below (five years of imprisonment, etc.) which is unfair in sentencing is too unreasonable.

2. Determination

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

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, is a judgment of a sex offense case. Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, where a court declares punishment or treatment and custody for a sex offense, it is a judgment of a court that the operation of a juvenile-related institution, etc. or the provision of employment or actual labor to a child-related institution, etc. during the period of employment restriction (hereinafter “restricted order”).