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The judgment below
The part of the case of the defendant is reversed.
The punishment of the accused shall be determined by eight months.
Reasons
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the defendant, and regarding the case of the case of the attachment order, the court below, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the part of the case of the attachment order shall be excluded from the scope of the judgment of the court.
2. Summary of reasons for appeal;
A. The Defendant did not commit an indecent act by force against the instant quasi-indecent act.
Nevertheless, the judgment of the court below that found the defendant guilty on the basis of the statement of the witness without credibility is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The Defendant, at the time of committing the instant crime, was physically and mentally weak due to drinking.
(c)
The punishment of the court below (eight months of imprisonment) which is unfair in sentencing is too unreasonable.
3. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352) enacted on July 17, 2018 provides that where a person is sentenced to a punishment or a medical treatment and custody for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as "sex offense"), the court shall sentence the person subject to a fine pursuant to Article 11(5) by judgment to operate an institution related to children and juveniles, etc., or to prevent him/her from operating the institution related to children and juveniles, etc., or from providing employment or actual labor, for a certain period from the date the execution of the punishment or medical care and custody is terminated or suspended (where a person is sentenced to a fine, the date on which the fine becomes final and conclusive).
In addition, Article 3 of the Addenda to the same Act provides that the amended provisions of Article 56 above shall be prior to the enforcement of this Act.