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.

1. The sentencing of the lower court (a fine of 5 million won, an order to complete a sexual assault treatment program for 40 hours, and an employment restriction order issued to a child or juvenile-related institution for 3 years) is too uneasible and unreasonable.

2. According to Article 2 of the Addenda to the Welfare of Disabled Persons Act, which was amended by Act No. 15904, Dec. 11, 2018, and enforced on June 12, 2019, Article 59-3(1) of the aforementioned Act applies to a person who has committed a sex offense before the enforcement of the aforementioned Act, and has not been finally and conclusively determined, this court should examine and determine whether the Defendant issued an employment restriction order against welfare facilities for disabled persons and the period of employment restriction.

The above employment restriction order is an incidental disposition that declares simultaneously with the conviction of a sex offense case, and it is inevitable to reverse all of the judgment below even if it did not err in the conviction part. Thus, the judgment below cannot be maintained.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided after oral argument.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15792, Oct. 16, 2018) and Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018) (amended by Act No. 15977, Dec. 18, 2018);

1. Of concurrent crimes, the former part of Article 37, Articles 28 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order to restrict employment of children or juveniles;