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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence of imprisonment with prison labor for eight months) is too uneasy and unreasonable.
2. Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter referred to as the “former Act on the Protection of Juveniles from Sexual Abuse”) restricts the employment of a child-related institution, etc., for ten years from the date on which the execution of all or part of a punishment or treatment and custody for a child or juvenile, or a sex offense subject to adults (hereinafter referred to as “sex offense”) is completed, or the execution of such punishment or treatment and custody is postponed or exempted, on a uniform basis, for ten years from the date on which the former Act on the Protection of Children from Sexual Abuse was amended by Act No. 15352, Jan. 16, 2018; however, Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (excluding the amended Act on the Protection of Juveniles from Sexual Abuse), which was enacted on July 17, 2018;
In determining whether to issue an employment restriction order, it is stipulated that it will not issue an employment restriction order.
Meanwhile, Article 3 of the Addenda to the amended Juvenile Protection Act applies to a person who has committed a sex offense before this Act enters into force and has not received a final judgment.
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Based on its stated reasoning, the lower court convicted all of the facts charged of the instant indecent act committed by force.
As Article 56 of the revised Juvenile Sex Protection Act was enforced after the decision of the court below and applied to this case, it is restricted to the defendant.