The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unhued and unreasonable.

The prosecutor of the amendment to an ex officio judgment of the case applied for the amendment of the indictment as stated in paragraph (1) below [the reasons for the judgment in multiple times] of the facts charged (the purpose of adding the crimes stated in attached Tables 3 and 4, which are related to the distribution of child and juvenile pornography among the facts charged in this case). This court permitted the distribution of child and juvenile pornography, thereby changing the subject of the judgment.

Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “former Act”) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by the former Act on the Protection of Children and Juveniles against Sexual Abuse) places restrictions on employment at child and juvenile-related institutions, etc. uniformly for ten years from the date the execution of all or part of the punishment or medical treatment and custody is terminated or suspended or exempted; however, Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018; hereinafter “former Act”). Unlike the former provisions, where a court declares a sex offense or a sex offense subject to restriction to employment restrictions at the same time, it does not impose any special restrictions.

On the other hand, Article 3 of the Addenda to the revised Act on the Protection of Juveniles from Sexual Abuse is "the amended provisions of Article 56" before this Act enters into force.