The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 40 hours against the defendant.

1. The sentencing of the court below is too inappropriate.

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

A. In relation to the amendment of the Child Welfare Act, Article 29-3(1) of the Child Welfare Act, prior to the amendment of Act No. 15889 on December 11, 2018, stipulates that a person who was sentenced to punishment or medical treatment and custody for committing a child abuse-related crime shall not operate a child-related institution or provide a child-related institution with employment or actual labor (hereinafter “employment restriction period”) and uniformly sets the period for which it is not possible to provide its operation, employment or actual labor (hereinafter “employment restriction period”).

However, Article 29-3 of the Child Welfare Act (amended by Act No. 1589, Jun. 12, 2019), which was enforced on June 12, 2019, provides that when a court declares a sentence of imprisonment or medical treatment and custody for a child abuse-related crime, it shall order the operation of a child-related institution during the employment restriction period or the employment or actual labor to a child-related institution (hereinafter referred to as “order for employment restriction” in paragraph (1) to prevent the employment or actual labor from being provided to the child-related institution during the employment restriction period (hereinafter referred to as “order for employment restriction”) shall be sentenced simultaneously with the judgment of the case related to the child abuse-related crime: Provided, That the order for employment restriction may not be issued in cases where the risk of recidivism is significantly low

Meanwhile, Article 2(1) of the Addenda to the Child Welfare Act ( December 11, 2018) provides that “The amended provisions of Article 29-3 shall also apply to a person who has committed a crime related to child abuse and has not received a final and conclusive judgment before this Act enters into force.”

B. As to the amendment of the Act on Welfare of Persons with Disabilities, Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904 on December 11, 2018 is a special case on the punishment, etc. of sexual crimes.