The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for forty hours.

1. The decision of the court below on the summary of the grounds for appeal (three years of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

The defendant and his defense counsel explicitly withdrawn the assertion of mistake of facts among the grounds for appeal on the second trial date of the trial of the first instance, because they were difficult to file a statement of reasons for appeal on the grounds of mistake of facts and unfair sentencing.

2. Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, effective as of July 17, 2018, a court issues an ex officio decision on a sex offense order to operate a child or youth-related institution, etc., or to prohibit a child or youth-related institution, etc., from operating a child or youth-related institution, etc., or providing employment or actual labor, for a given period not exceeding ten years, on condition that the court simultaneously issues an employment restriction order to prevent a sex offense from being committed: Provided, That where the risk of recidivism is remarkably low, and other special circumstances exist that make it prohibited from being employed;

In the judgment of the court, the employment restriction order may not be issued.

Therefore, Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 shall also apply to a person who had committed the above sex offense before the enforcement thereof and has not received a final and conclusive judgment. Thus, the above amended Act shall also apply to this case, so the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Grounds for another judgment]