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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Sexual assault against the defendant for 80 hours.
Reasons
1. The decision of the court below against the defendant on the summary of the grounds for appeal (the sentence of imprisonment of eight months and eight hours and the order to complete a sexual assault treatment program) is too unreasonable.
2. We examine ex officio the reasons for ex officio appeal prior to the determination of the reasons for appeal.
Article 56(1) main text of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced as of July 17, 2018, provides that where the court issues a punishment or a treatment and custody for a sex offense against a child or youth or a sex offense against an adult, it shall issue an employment restriction order to prevent a child or youth-related institution from operating such institution, etc. or from providing employment or actual labor to a child or youth-related institution, etc. for a given period simultaneously with a judgment of a sex offense case. Article 3 of the Addenda of the aforementioned Act provides that Article 56 of the aforementioned Act provides that the amended provisions shall apply to a person who has committed a sex offense before the aforementioned Act enters into force and has not been finally binding.
The instant crime constitutes a sex offense governed by Article 56 of the above Act and simultaneously with the judgment of the instant case, and simultaneously with the judgment of the instant case, the order of restriction on employment should be issued to the Defendant. The order of restriction on employment is an incidental disposition simultaneously with the judgment of the conviction, and where all or part of the order is illegal, the entire part of the case should be reversed even if there is no error in the remaining
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are all the same as the corresponding columns of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.