The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (an improper sentencing) of the lower court’s punishment (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 80 hours) is too unreasonable.

2. We examine ex officio the defendant's argument of reasons for appeal prior to the determination of ex officio.

A. Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children, youth-related institutions, etc. for a period of ten years for a sex offense against a child, youth, or adult, provides that Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse shall apply to persons who committed a sex offense before July 17, 2018 and whose final judgment has not been granted, taking into account the severity of the offense, risk of recidivism, etc. while sentencing a punishment for an individual sex offense case, the court shall determine the period of restriction on employment on each accused of each case differently within the scope of ten years.

Therefore, the above revised Act shall apply to the crime of indecent conduct in the judgment of the court below. Meanwhile, Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that the judgment of the court below regarding the order of restriction on employment pursuant to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be imposed concurrently with the judgment of the court below. Since the above forced indecent conduct and the remaining guilty portion of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act and one sentence is sentenced, the judgment of the court below

B. According to the record, the Defendant was sentenced to eight months of imprisonment with labor for an indecent act by force at the Busan District Court on September 28, 2018 (the Busan District Court 2018 Gohap 325), and on October 6, 2018, and the above judgment became final and conclusive on October 6, 2018.

The judgment of the court below against the defendant.