The judgment below

The part of the case of the defendant is reversed.

The defendant shall be punished by imprisonment with prison labor for a year.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the defendant, and regarding the case of the case of the attachment order, the court below, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the part of the case of the attachment order shall be excluded from the scope of the judgment of the court.

2. Summary of reasons for appeal;

A. The Defendant and the misunderstanding of facts did not force the victim E to commit an indecent act. At the time of committing the instant crime, he/she was in a state of mental and physical loss or mental weakness.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352), which was effective July 17, 2018, provides that where a court issues a sentence of a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as "sex offense") for medical treatment or custody (excluding a person who has been sentenced to a fine pursuant to Article 11(5)) by judgment, the court shall issue an order to operate a child or juvenile-related institution, etc. prescribed by the above Act, or to prohibit the operation of a child or juvenile-related institution, etc., or to provide employment or actual labor to a child or juvenile-related institution, etc., for a certain period from the date the execution of the sentence is terminated or suspended (where a fine is sentenced, the date on which the sentence becomes final).

In addition, Article 3 of the Addenda of the same Act provides that the amended provisions of Article 56 of the same Act shall also apply to persons who have committed sex offenses before this Act enters into force and have not been finally determined.

Therefore, sexual crimes have been committed before the enforcement of the above Act.