The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

A. According to the records of this case of illegality in the trial proceedings, the court below served a copy of indictment, a summons of the defendant, etc. on the method of serving public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and sentenced one year to imprisonment with prison labor by conducting hearings in the absence of the defendant. The defendant claimed the recovery of his right to appeal against the above judgment of the court below formally finalized, and argued that he was unaware of the fact that the judgment was pronounced because he was unable to obtain a copy of indictment, a writ of summons of the defendant, etc., and the court below recognized that the defendant did not appeal within

Comprehensively taking account of the above facts acknowledged, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion of Litigation, etc. as the defendant was unable to attend the trial of the court below

Recognizing this, this Court has conducted a new litigation procedure, such as serving a copy of indictment on the defendant, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). Accordingly, the judgment of the court below cannot be maintained as it is.

B. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) places restrictions on the employment of children and juveniles-related institutions, etc. on a uniform basis for the persons determined to be subject to punishment or medical care and custody for sex offenses against children and juveniles or sex offenses against adults (hereinafter “sex offenses”) upon whom the execution of all or part of the punishment or medical care and custody was completed or suspended or exempted, but the Act on January 16, 2018.