The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts, merely expressed the victim’s awareness as a sexual intercourse with a natural body and did not intend to commit an indecent act against the victim.

Nevertheless, the lower court found the Defendant guilty of the instant charges based on the statement of the victim without credibility. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence (5 million won in punishment, 40 hours in order to complete the course) against an unjust defendant is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

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 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 to prohibit a juvenile-related institution, etc. from providing employment or actual labor (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 any other restriction on employment is imposed.