The judgment of the court below is reversed.

The punishment of the accused shall be eight years of imprisonment.

A seized office tape.

1. Summary of grounds for appeal;

A. In relation to the facts charged, the Defendant did not use the knife, which is a dangerous object, as a means of committing an offense, and attempted to engage in sexual intercourse with the victim, but there was no injury to the victim in the process.

However, the lower court found the victim’s statement without credibility as evidence and found the Defendant guilty of this part of the facts charged.

Therefore, the court below erred by misapprehending the legal principles and affecting the conclusion of the judgment.

B. The lower court’s punishment (10 years of imprisonment) is too unreasonable.

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

The main text of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352), which was effective July 17, 2018, provides that where a court pronounces a punishment for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as "sex offense"), any person who has been sentenced to a fine pursuant to Article 11(5) shall be sentenced by a judgment to operate a child or juvenile-related institution, etc., or to prohibit a child or juvenile-related institution, etc. from operating such institution for a certain period from the date (where a fine is sentenced, the date on which the sentence becomes final) on which the execution of all or part of such punishment is terminated or suspended or exempted, or to order it from providing employment or actual labor to such institution, etc. (hereinafter referred to as "order to restrict employment") simultaneously with the judgment of the sex offense case.

In addition, Article 3 of the Addenda to the same law provides that the amended provisions of Article 56 above shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.

Therefore, it is necessary to issue an employment restriction order to the defendant who committed a sex offense before the enforcement of the above Act.

The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352) on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352)