The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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 probation, 160 hours of community service order, and 40 hours of attendance order of sexual assault treatment lectures) is too uneased and unreasonable.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 on January 16, 2018, limits employment of children and juveniles-related institutions, etc. for 10 years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated, or suspended or exempted for 10 years from the date on which the execution of such punishment or medical treatment and custody is suspended or exempted.

However, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Revised Act”) which was amended by Act No. 15352 and enforced July 17, 2018, provides that a court may choose not to issue an employment restriction order in cases where a court declares a sex offense (excluding a person subject to a fine pursuant to Article 11(5)) or a medical treatment and custody for a fixed period of employment (Provided, That the period shall not exceed ten years pursuant to Article 11(2)), while issuing an order to restrict employment, etc. to a child or juvenile-related institution, etc., and at the same time, imposes an order to restrict employment, etc. on a child or juvenile-related institution, etc.

In addition, Article 3 of the Addenda to the same Act 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.

Meanwhile, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) uniformly terminates or executes a sentence of imprisonment or medical treatment and custody for a person who has been finally and conclusively declared for a sex offense.