The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below (the maximum of five years of imprisonment, the short of three years, and the completion of sexual assault treatment programs) is too unreasonable.

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

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) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018; hereinafter referred to as “Act on the Protection of Children and Juveniles against Sexual Abuse”) which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for ten years for sex offenses against children, juveniles, or adults; and where the court issues a sentence of punishment or treatment and custody for such sex offenses, it shall simultaneously issue an employment restriction order to prevent the operation of institutions, etc. related to children and juveniles, or the provision of employment or actual labor to institutions, etc. related to children and juveniles for a certain period not exceeding ten years, but there are special circumstances where the risk of recidivism is remarkably low, or otherwise it is prohibited to restrict employment.

In the judgment of the court, the employment restriction order may not be issued.

Therefore, Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 shall also apply to a person who had committed the above sex offense before the enforcement and has not received a final and conclusive judgment. Thus, the above amended Act shall also apply to this case. Therefore, the judgment of the court below shall no longer be maintained in this regard.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Grounds for the judgment to be used again] Summary of facts constituting an offense and evidence is recognized by the court.