The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for five years.

For the defendant.

1. The court below rendered a judgment dismissing the prosecutor’s claim regarding the part of the case against which the defendant was found guilty and the part regarding which the request for the observation order was filed, and as such, there is no benefit of appeal as to the part regarding which the request for the observation order was filed.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the request for protection observation order is excluded from the scope of the trial of this court. Thus, the scope of the trial of this court is limited to the part of the case of the defendant among the judgment below.

2. The decision of the court below on the gist of the reasons for appeal (seven years of imprisonment) is too unreasonable.

3. We examine ex officio prior to the determination of the Defendant’s allegation of reasons 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 the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court has set a differential period of restriction on employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case.

4. As such, the part of the judgment of the court below on the defendant's ground of appeal is reversed ex officio. Thus, Article 364 (2) of the Criminal Procedure Act without examining the defendant's ground of appeal.