The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. The judgment of the court below which found the defendant guilty on the ground that the evidence adopted and examined by the court below alone cannot be deemed to have proved to the extent that there is no reasonable doubt as to the facts charged that the defendant taken the body of the victim. There is an error of law by misunderstanding the facts or misunderstanding the legal principles.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the amended provisions of Article 59-3 of the Act on Welfare of Persons with Disabilities apply to persons who have committed a sex crime and failed to obtain a final and conclusive judgment prior to the enforcement of the Act. Therefore, whether the Defendant who committed a sex offense prior to the enforcement of the Act is subject to the order of employment restriction and the period of employment restriction should also

However, an employment restriction order is an incidental disposition that is sentenced simultaneously with a conviction of a sex offense case, and even if there is no illegality in the remaining part of the judgment below, the judgment of the court below cannot be maintained any longer.

On the other hand, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of the court.

3. Judgment on misconception of facts or misapprehension of legal principles

A. The lower court found the Defendant guilty of the facts constituting the crime as indicated in the lower judgment based on the evidence duly adopted and examined, namely, the Defendant’s partial statement, the witness D’s legal statement, the police seizure protocol, and the list of seizures.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the victim appeared in the court below as a witness, and the circumstances leading to specifying the crime of this case and the offender were abnormal.