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 former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that the term “ten years from the date of termination or exemption of the execution of all or part of the execution of the punishment or the treatment and custody for children or sex offenses (hereinafter “sex offenses”) shall not be provided to a facility, institution, or place of business prescribed in any of the following subparagraphs (hereinafter “child-related institutions, etc.”) or a person who was finally determined to be subject to the treatment and custody for juveniles, shall not operate the facility, institution, or place of business (hereinafter “child-related institutions, etc.”) or provide them with employment or actual labor to a child-related institution, etc.” (hereinafter “child-related institutions, etc.).

However, Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018; hereafter referred to as “amended Juvenile Sex Protection Act” in this paragraph), which was amended by Act No. 15352, Jan. 16, 2018; and enforced July 17, 2018, should be sentenced simultaneously with a judgment on a sex offense case, where the court issues a sentence or treatment and custody for a sex offense, unlike the previous provision, in cases where it issues a sentence or treatment and custody for a sex offense, it shall rule to operate a juvenile-related institution, etc., or to order a child-related institution, etc., not to provide employment or actual labor (hereinafter “restricted period”) for a certain period from the date on which the execution of the sentence or treatment and custody is completed or suspended (hereinafter “restricted period”). Provided, That where the risk of re-offending is significantly low, or there are special circumstances in which employment should not be restricted.

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

section 3.2.