The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

80 hours per the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 and the person to whom the attachment order was requested (hereinafter “Defendant”) had weak mental and physical weakness and the ability to discern things or make decisions due to the tide at the time of committing a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by force due to intrusion).

2) The punishment sentenced by the lower court (three years of imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. Determination 1 on the part of the case of the defendant is ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

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

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 declares a punishment or a treatment and custody for sex offenses, it shall, by judgment, declare an order to operate a juvenile-related institution, etc. for the period of restriction on employment, or not to provide employment or actual labor to a child-related institution, etc. (hereinafter “restricted order on employment”) at the same time as a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low, or where employment is restricted, the employment should not be restricted.