The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of 5 million won, an order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

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

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; hereinafter “former Act”) places restrictions on employment at child-related institutions, etc. for ten years from the date the execution of all or part of the punishment or medical treatment and custody is terminated or suspended or exempted, but Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018; hereinafter “former Act”). Unlike the previous provisions of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”), where a court declares a sex offense or a medical treatment and custody order for a sex offense (excluding a person subject to an employment restriction order under Article 11(5)), contrary to the provisions of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and at the same time determines the risk of employment restriction period (excluding a person subject to a fine).

Meanwhile, Article 3 of the Addenda to the amended Juvenile Protection Act provides that "The amended provisions of Article 56 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment."

Based on its stated reasoning, the lower court found the Defendant guilty of the instant facts charged, and Article 56 of the revised Juvenile Protection Act applies to the instant case.