The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. 1) As the injured party committed an act, such as intending to see the Defendant’s reputation by selling it, the Defendant thought that the injured party had consented to the sex relationship, there was no intention of quasi-rape.

2) Even if the Defendant commenced the commission of quasi-rape, the Defendant’s commission of the crime was discontinued at his own expense, and thus, the commission of the crime ought to be mitigated or exempted.

B. The punishment of the lower court (one year and six months of imprisonment, three years of suspended execution, etc.) 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) stipulates that a person who was sentenced to a punishment or a 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, an institution, or a place of business (hereinafter referred to as “child-related institution, etc.”) under any of the following subparagraphs, or shall not provide employment or actual labor to a child-related institution, etc., uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”) shall be ten years.

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, declare an order to operate a juvenile-related institution, etc. for the period of restriction on employment, or not to provide employment or actual labor to a child-related institution, etc. (hereinafter “restricted order on employment”) at the same time as a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low, or otherwise, the employment should not be restricted.