The defendant is innocent. The summary of this judgment shall be notified publicly.

A. Defendant 1) In the absence of a mistake of fact that the Defendant committed an indecent act by force against the victim, the lower court convicted the Defendant of the facts charged in the instant case. (2) The lower court erred by misunderstanding the fact during the sentencing division (the first instance court: the fine of KRW 3 million; the completion of the sexual assault treatment program; 40 hours after the sexual assault treatment program

B. The Prosecutor’s sentencing division

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective from June 12, 2019; hereinafter referred to as “Act on Welfare of Persons with Disabilities”) provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or providing employment or actual labor to welfare facilities for a certain period not exceeding 10 years, but shall not issue an employment restriction order in cases where the risk of re-offending is considerably low or any other special circumstance that does not restrict employment exists.

However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act provides that the above amended Act shall also apply to persons who have committed sex offenses and have not received final and conclusive judgments prior to its enforcement, so the above amended Act shall also apply. In this regard, the judgment of the court below shall no longer be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

3. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) the Defendant is kneeeef by the victim against the victim’s will, as he or she had a cell phone and a shock shocked, in the female room at D’s place of business where he or she and C (the age of 53) work in Namyang-si, Namyang-si, Inc., Ltd. (hereinafter “Woo-si”) around July 2017.