The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault against the defendant for 40 hours.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the punishment of the defendant's case is improper) by the defendant and the respondent for the attachment order (the defendant's preliminary requester for the attachment order) (the punishment of the defendant's case is improper) (the completion of the sexual assault treatment program for 8 years and 40 hours) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (unfair sentencing) is too uneasible and unfair.

2) It is unreasonable for the lower court to dismiss the Defendant and the requester for the attachment order of this case (a preparatory requester for the attachment order of this case; hereinafter “Defendant”) in light of the background and repetition of the instant crime, the risk of recidivism, etc.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018; hereinafter referred to as “sex offense”) provides that a person, who was sentenced to a punishment or a medical care and custody for committing a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”).

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides for a sex offense case with an order to prevent the operation of a juvenile-related institution, etc. during the period of employment restriction or the provision of employment or actual labor to a child-related institution, etc. (hereinafter “employment restriction order”).