The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. The Defendant filed an application for a citizen’s participatory trial in the first instance trial, but the appellate trial case cannot be a case subject to a citizen’s participatory trial under Article 5(1) of the Act on Citizen Participation in Criminal Trials, and thus, the Defendant’s above application cannot be accepted.

1) Although the Defendant did not have committed each crime in the judgment of the court below, the judgment of the court below convicting each of the above facts is erroneous in the misapprehension of facts.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

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

However, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that where a court issues a sentence or treatment and custody for a sex offense, it shall not operate a child or juvenile-related institution, etc. during the period of employment restriction or provide employment or actual labor to a child or juvenile-related institution, etc. (hereinafter “employment restriction order”).