The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (referring to six months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018), Article 56 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) (amended by Act No. 15452, Mar. 13, 2018) (amended by Act No. 15452, etc.), the amendment provision applies to a person who has committed a sex offense before the enforcement of the said Act and has not been finally determined. Therefore, whether the Defendant who committed a sex offense prior to the enforcement of the said Act is ordered to

However, an employment restriction order is an incidental disposition that is sentenced simultaneously with a conviction of a sex offense case, and even if there is no illegality in the remaining part of the judgment below, the judgment of the court below cannot be maintained any longer.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Mar. 13, 2018).