The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for 40 hours.

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing each of the instant crimes.

B. The sentence of the lower court’s unfair sentencing (the completion of a sexual assault treatment program with a prison term of one year and six months, and forty hours) is too unreasonable.

2. We examine the Defendant’s appeal ex officio before determining the grounds for appeal.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of a case, taking into account the severity of the crime, the risk of recidivism, etc. while sentencing the punishment for an individual sex offense, and Article 3 of the Addenda of the above Act provides that the amended provisions of 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 who have not been finally determined.

Therefore, the above revised Act shall apply to the obscenity portion of the judgment below, and the part found guilty of the above obscenity portion and the remaining conviction portion in the judgment of the court below shall be deemed to be concurrent crimes under the former part of Article 37 of the Criminal Act, so long as one sentence is sentenced, the entire judgment of the court

However, we examine the judgment of the court below on the ground that the defendant's mental and physical weakness is still subject to the judgment of the court.

3. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant appears to have drinking at the time of committing each of the instant crimes, but the developments and process of committing each of the instant crimes, the means and method of committing the crimes, which may be known by the same evidence.