The judgment below

The part of the case of the defendant is reversed.

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

For the defendant.

The grounds for appeal asserted that the defendant and the person who requested to attach an attachment order (hereinafter referred to as the "defendant") of the court below's punishment (the completion of a sexual assault treatment program with 10 months and 80 hours of imprisonment) are excessive so that it is unfair for the prosecutor to do so, and that it is unfair for the prosecutor to do so.

The defendant's part of the case and the prosecutor's appeal are examined ex officio prior to judgment.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018; hereinafter referred to as “sex offense”) provides that a person, who was sentenced to a punishment or a medical care and custody for committing a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”).

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, and enforced July 17, 2018, provides that where a court declares a punishment or a treatment and custody for sex offenses, it shall sentence the order to operate a juvenile-related institution, etc., or not to provide employment or actual labor to a child-related institution, etc., during the employment restriction period (hereinafter “employment restriction order”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there are other special circumstances in which employment should not be restricted.

order of employment restriction may not be issued if such order is determined

The period of restriction on employment in paragraph 2 shall not exceed 10 years.

On the other hand, the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018).