The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, from the date this judgment becomes final and conclusive.

1. The lower court dismissed the public prosecution on the charge of assault and rape among the facts charged in the instant case, and convicted the Defendant of any similar rape, and only the Defendant appealed on the guilty portion.

The part dismissing a public prosecution against which the defendant did not appeal is final and conclusive, and the scope of this court's trial is limited to similar rape.

2. The gist of grounds for appeal;

A. The misunderstanding of facts and the misunderstanding of legal principles that the injured party will grow in the defendant's house.

At the same time, sound entered the house with the wind, and only the victim himself/herself was string.

No defendant has been forced to commit any similar rape against a victim.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended execution, etc.) is too unreasonable.

3. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

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

However, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that the court shall operate child-related institutions, etc. for the period of restriction on employment, or provide employment or actual labor to child-related institutions, etc. for the period of restriction on employment.