The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal in this case was that the Defendant was physically and mentally weak at the time of committing each of the instant crimes, and the lower court’s punishment (eight months of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. The grounds for appeal by the defendant are examined ex officio prior to the judgment.

Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides 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 “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which the operation, employment, or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or treatment and custody is completed or exempted.”

However, Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018; hereafter referred to as “amended Juvenile Sex Protection Act” in this paragraph), which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018, should be sentenced simultaneously with a judgment on a sex offense case, where the court issues a sentence or a treatment and custody for a sex offense, unlike the previous provision, in cases where it issues a sentence or a treatment and custody order for a sex offense, it shall rule to operate a juvenile-related institution, etc., or to prohibit a child-related institution, etc. from providing employment or actual labor (hereinafter “restricted period of employment”) for a certain period from the date on which the execution of the sentence or treatment and custody is completed or suspended (hereinafter “restricted period”). Provided, That the risk of re-offending is significantly low or any employment should not be restricted.