The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence in October, 40 hours of attending the sexual assault treatment lecture, and three years of employment restrictions such as children and juveniles-related institutions) is too unreasonable;

2. Ex officio determination

A. The lower court applied Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020; hereinafter “Prior Notice Act”) that was enforced at the time of the sentence even when the instant criminal facts were committed on or around September 2017.

However, Article 14(1) of the Act, at the time of sentence, provides a statutory penalty of not more than five years or not more than thirty million won. However, 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; hereinafter “Act at the time of an act”) provides that statutory penalty shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won. As such, Article 14(1) of the Act shall apply to the crime of this case in accordance with Article 1(1) of the Criminal Act.

Therefore, the court below erred by applying the law when it sentenced more severe than the law when the above crime was committed.

B. The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective June 12, 2019; hereinafter “amended Act”) on the necessity of restrictions on employment of welfare facilities for persons with disabilities provides that, where the court issues a punishment for sexual crimes (referring to sexual crimes under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex crimes against children and juveniles under Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, orders to operate welfare facilities for a certain period or to prevent them from being employed by welfare facilities for persons with disabilities or providing actual labor to welfare facilities for persons with disabilities shall be issued simultaneously with the judgment of a sex offense case, and