The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3.5 million won in penalty) is too unhued and unreasonable.

2. Determination

A. Even if the prosecutor’s decision on the grounds for appeal by the prosecutor considers the circumstances that are favorable on the grounds of appeal, the lower court appears to have determined the punishment within a reasonable scope, taking full account of all the circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

B. In accordance with Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced from July 17, 2018, the court shall issue an employment restriction order at the same time with the judgment on a sex offense case against a child, juvenile, or adult; however, in comprehensively taking into account the defendant’s age, occupation, existence of punishment for a sex offense, details and motive of the offense, method of and consequence of the offense, seriousness of the offense, etc., there are special circumstances in which the risk of recidivism is significantly low or restriction on employment should not be imposed pursuant to the proviso to Article 56(1) of the aforementioned amended Act.

Since it is judged, it is not ordered to issue an employment restriction order to the defendant.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.