1. The part of the judgment below on the defendant is reversed.

2. The defendant shall be punished by a fine of three million won.

3. The defendant is above.

1. The gist of the grounds for appeal is that the punishment (3 million won) imposed by the lower court on the Defendant and the claimant for the observation and order of protection (hereinafter “Defendant”) is too uneased and unreasonable.

2. Determination

A. We examine ex officio prior to determining the grounds of appeal by the prosecutor on the part of the case against the defendant.

Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which stipulates that Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which stipulates the employment restrictions on children and juveniles-related institutions, etc. for a ten-year period, shall be amended by Act No. 15352 on January 16, 2018, and Article 56 (1) and (2) of the same Act provides that the court shall determine the employment restrictions period for each defendant in a different period within the scope of ten years in consideration of the severity of each offense, the risk of recidivism, etc. while sentencing a punishment for an individual sex offense case, and Article 3 of the Addenda of the above Act provides that Article 56 of the same Act 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. In this regard, the part of the judgment of the court below in this regard no longer be maintained.

B. The prosecutor filed an appeal regarding the part of the claim for the protection observation order, stating that the scope of the appeal is “in whole” in the petition of appeal as to the part of the claim for the protection observation order. However, the part of the claim for the protection observation order submitted by the prosecutor is not indicated in the petition of appeal or the reasons for appeal, and Articles 21-8 and 9(4)3 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. provide that the request for the protection observation order shall be dismissed by the judgment when a fine is sentenced with respect to the specific crime case. As can be seen thereafter, the lower court’s prior judgment against the Defendant case.