The judgment of the court below is reversed.

Defendant

A Imprisonment with labor for a maximum of three years, for a short of two years and six months, and for defendant B, for a period of three years and six months, respectively.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a long-term three years of imprisonment, a short-term two years and six months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the Defendants prior to the judgment.

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 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 for sex offenses, it shall, by judgment, sentence a juvenile-related institution, etc., or a juvenile-related institution, etc., with an order prohibiting the operation of such institution during the period of employment restriction, or employment or actual labor (hereinafter “employment restriction order”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there is any special reason that the employment should not be restricted.

order of employment restriction may not be issued if such order is determined

The period of restriction on employment in paragraph 2 shall not exceed 10 years.

Meanwhile, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018) stipulates that "Article 56 is amended."