The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the lower court’s punishment (two years of imprisonment and suspension of execution, one year of probation, 24 hours of an order to attend sexual assault treatment lectures, 5 years of an employment restriction order to children and juveniles-related institutions, etc.) against the accused is too unreasonable;

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

The lower court applied Article 71(1)1-2 and Article 17(2) of the Child Welfare Act to the instant criminal facts.

However, Article 71 (1) 1-2 of the current Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017; hereinafter “former Child Welfare Act”) provides that Article 71 (1) 1-2 of the current Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017; hereinafter “former Child Welfare Act”) shall not apply to the above criminal facts committed by a defendant prior to the enforcement of the current Child Welfare Act, and Article 71 (1) 1-2 of the former Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017; hereinafter “former Child Welfare Act”).

In this respect, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's argument of unfair sentencing.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 71(1)1-2 and Article 17 subparag. 2 of the former Child Welfare Act (Amended by Act No. 14925, Oct. 24, 2017); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Order to complete a program under the Act on the Protection of Children and Juveniles against Sexual Abuse;