The judgment of the court below is reversed.

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

The defendant shall be a child-related institution for five years.

1. Summary of grounds for appeal (in original case of unfair sentencing: Imprisonment with prison labor for one year and six months);

2. Article 29-3(1) of the former Child Welfare Act (amended by Act No. 1589, Dec. 11, 2018; effective June 12, 2019); and Article 29-3(1) of the same Act (amended by Act No. 16248, Jul. 16, 2019); where a sentence is imposed for a child abuse-related crime, a decision on whether to issue an employment restriction order to a child-related institution is required.

In addition, the above provision also applies to a person who committed a crime related to child abuse before the enforcement of the amended Act and did not have a final and conclusive judgment (Article 2(1) of the Addenda). The crime related to child abuse referred to in this context includes the crime of genocide referred to in Article 251 of the Criminal Act (Article 3 subparag. 7-2 (b) of the Child Welfare Act). Therefore, the court below should have determined whether to issue an employment restriction order to the defendant when

Nevertheless, the court below erred by misapprehending this, which affected the conclusion of the judgment, and thus it cannot be maintained any further.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining both parties' assertion of unfair sentencing, on the grounds of ex officio reversal, and following a new decision is rendered as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of evidence recognized by the court below are the same as the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 251 of the Criminal Act, Articles 251 and 161 (1) of the Criminal Act, the choice of punishment for the crime, and imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 2(1) of the Addenda to the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018; effective June 12, 2019); Article 1 of the former Child Welfare Act was amended by Act No. 16248, Jan. 15, 2019; and was enforced on July 16, 2019.