A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. In fact-finding, the Defendant suffered from ADHD (phomatic disorder) without understanding the legal meaning of indecent conduct, and prepares a false apology according to the victim J’s coercion and his/her specific direction.

The judgment of the court below which convicted the victim F and J of the facts charged of this case on the basis of the victim's statement, apology, etc., although the victim F and J's statement are not consistent, and the motive of the complaint is also inconsistent, and thus it is difficult to believe it, is erroneous in the misapprehension of facts

B. At the time of the instant case, the Defendant was in a state of mental disability due to ADD.

2. Determination

A. The lower court ex officio determined that the Defendant was sentenced to punishment for the crime of indecent act by compulsion, which is an adult sex offense prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse, but the lower court, as prescribed by Article 3 of the Addenda of the said Act (Act No. 15352, Jan. 16, 2018) and Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, did not deliberate and decide on whether to issue an employment restriction order to

Meanwhile, Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which uniformly prescribed employment restrictions on persons with disabilities who were sentenced to punishment for sex offenses against children, juveniles, or adults, was amended by Act No. 15904 on December 11, 2018, and Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (hereinafter “Amended Act on Welfare of Persons with Disabilities”) provides that the court shall separately determine the period of employment restrictions within a ten-year period in consideration of the risk of recidivism when sentenced to punishment for individual sex offenses (hereinafter “Amended Act on Welfare of Persons with Disabilities”), and Article 2 of the Addenda to the amended Act (Act No. 15904, Dec. 11, 2018) provides that the amended provisions of Article 59-3 of the Act on Welfare of Persons with Disabilities, which referred to as “ sex offenses before June 12, 2019.”