The judgment of the court below is reversed.

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

Sexual assault against the defendant for 80 hours.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment, three years of suspended execution, etc.) is unreasonable as it is too unfasible.

2. We examine ex officio prior to determining the prosecutor’s improper assertion of sentencing.

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, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court has set a differential period of restriction on employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence is as shown in the judgment below.

Application of Statutes

1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed by force) and the choice of imprisonment with prison labor, respectively;

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes (a indecent act, such as deceptive means, etc.).