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 forty hours.

1. The lower court’s sentence (eight months of imprisonment and forty hours of order to complete a sexual assault treatment program) on the summary of the grounds of appeal is too unreasonable.

2. Article 56(1) 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 the ten-year period for a sex offense against a child, juvenile, or adult, was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the same Act provides that the court imposed a punishment for an individual sex offense case on a different period of employment by each defendant within the scope of ten years in consideration of the severity of the offense, risk of recidivism, etc. The amended provisions of Article 3 of the Addenda to the above amended Act provide that the amended provisions of Article 56 shall also apply to a person who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall no longer be maintained.

3. If so, 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 of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 10(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of indecent act by any occupational power), Article 298 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;