The judgment below

The guilty part shall be reversed.

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

40 hours per the defendant.

1. The lower court dismissed the public prosecution on each of the instant facts charged and convicted the remainder of the facts charged.

Defendant

Since only a defendant filed an appeal as to the guilty portion, the part dismissing the public prosecution for which the defendant did not appeal shall be limited to the part which the court below found guilty.

2. Summary of reasons for appeal;

(a) There has been no intentional assault or intimidation against a victim of rape (the attempted rape);

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

3. 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) 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 from 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 due to a sex offense, 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, but the risk of recidivism is significantly low.