The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (indecent act by compulsion) Defendant 1 had a sexual relationship with the victim two times, and 100,000 won for sexual traffic had been ordered, but the victim refused the second sexual relationship and assaulted the victim within the room of the sexual traffic business establishment, and did not forcibly commit an indecent act and assault the victim as stated in the facts charged. 2) The sentence of unfair sentencing (7 years of imprisonment, etc.) by the lower court is too unreasonable.

B. The lower court’s sentence is too uneasible, which is unreasonable.

2. Determination

A. Ex officio determination of the grounds for appeal concerning an order of employment restriction of welfare facilities for the disabled is made prior to each judgment on such grounds

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by the following) provides that a person who has been sentenced to punishment or medical treatment and custody by sex offense shall not operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period for which the operation, employment or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated, suspended or exempted.”

However, unlike the previous provision, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereafter “former Act on Welfare of Persons with Disabilities” in this paragraph), which was amended by Act No. 15904, Dec. 11, 2018 and enforced June 12, 2019 (hereinafter “former Act on Welfare of Persons with Disabilities”), where the court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it declares an order to prevent the operation of welfare facilities or the actual provision of labor for welfare facilities for a certain period from the date when the execution of all or part of the sentence or medical treatment and custody is terminated or suspended or exempted (hereinafter “employment restriction period”), simultaneously with the judgment of a sex offense case.