The judgment of the court below is reversed.

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

Sexual assault against the defendant for 40 hours.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of the legal principles (Article 3 of the facts constituting an offense as indicated in the judgment of the court below) Defendant committed an act in accordance with paragraph 3 of the judgment of the court below with the victim’s implied consent in advance, and thus, Defendant’s above act does not constitute a forced indecent act.

Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles.

2) The sentence of the lower court (the number of punishment 10 months, the completion of the sexual assault treatment program for 40 hours, the number of punishment 6 days) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the determination of each of the grounds for appeal.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of a case, taking into account the severity of the crime, the risk of recidivism, etc. while sentencing the punishment for an individual sex offense, and Article 3 of the Addenda of the above Act provides that the amended provisions of Article 56 of the same Act shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and who have not been finally determined.

Therefore, the above revised Act shall apply to the crimes of indecent act committed against the judgment of the court below and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using and photographing a camera, etc.). Meanwhile, the judgment on the employment restriction order under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is an incidental disposition that declares simultaneously with the judgment of the court below.