1. The defendant's case and the second judgment of the court of first instance shall be reversed.

2. The defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The sentence (10 months of imprisonment) imposed on Defendant 2 and a person who requested probation order (hereinafter “Defendant”) is too heavy, and the period of restriction on employment is too excessive and unreasonable.

B. Prosecutor 1) As to the part of the Defendant’s case, the sentence imposed on the Defendant by the first instance court (two years and six months of imprisonment, and four years of suspended execution) is too uneasible and unreasonable. 2) As to the part of the case of probation order, the first instance court’s dismissal of the Defendant’s request for probation order on the ground that it was unreasonable that the Defendant sentenced to suspended execution of imprisonment.

2. Determination

A. We examine the part of the defendant's case ex officio before determining the grounds for appeal by the defendant and prosecutor.

1) Each of the first and second original judgments against the defendant in consolidated trial was sentenced to the second and the defendant filed an appeal against the second original judgment. The prosecutor filed an appeal against each of the above appellate cases, and this court decided to consolidate each of the above appellate cases. Since each of the above offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the part of the defendant's case and the second original judgment cannot be maintained as they are. 2) Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for employment restrictions on child and juvenile-related institutions, etc. for the period of ten years with regard to the employment restriction (the first lower judgment), and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 on January 16, 2018, and Article 38(1) and (2) of the same Act provides for the aforementioned period of employment restriction to each of the defendant.