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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for forty hours.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months, etc.) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.
2) The lower court’s improper exemption from disclosure disclosure notification order is unjust.
2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the 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) 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 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, by judgment, sentence a juvenile-related institution, etc., or a juvenile-related institution, etc., with an order prohibiting the operation of such institution during the period of employment restriction, or employment or actual labor (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 is any special reason that the employment should not be restricted.
order of employment restriction may not be issued if such order is determined
The period of restriction on employment in paragraph 2 shall not exceed 10 years.
On the other hand, on the protection of children's juveniles.