The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Since the Defendant, who was physically and mentally weak, was drunk at the time of committing the instant crime, and committed the instant crime under the mental and physical weak condition at the time of the instant crime, the sentence against the Defendant ought to be mitigated.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of 10 months, the suspended sentence of 2 years, the order to attend a lecture for treatment of sexual assault for 40 hours, and the order to provide community service for 120 hours) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352), effective July 17, 2018, where a court sentences a person to a sex offense against a child or youth or a sex offense against an adult (hereinafter referred to as "sex offense") (excluding a person who has been sentenced to a fine pursuant to Article 11(5)) or a person subject to the suspension or exemption of the execution of all or part of the sentence by a judgment (where a fine is sentenced, the date on which the sentence becomes final and conclusive) and imposes an order to operate a child or youth-related institution, etc., or to prevent the person from operating an employment-related institution, etc., or providing actual labor, to a child or youth-related institution, etc., for a certain period from the date on which the execution of the sentence is terminated or suspended or exempted (hereinafter referred to as "restricted order on employment") is simultaneously sentenced to the judgment of a sex offense

In addition, Article 3 of the Addenda to the same law provides that the amended provisions of Article 56 above shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.

Therefore, the defendant who committed a sex offense should be sentenced to or exempted from the employment restriction order.

Since the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352), there was no provision regarding employment restriction order, the lower court did not determine whether to issue or exempt an employment restriction order to the Defendant.