1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal (one year of imprisonment, 40 hours of order to complete sexual assault treatment programs, 3 years of restriction on employment) declared by the court below is too unfasible and unfair.

2. According to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities amended by Act No. 15904, Dec. 11, 2018; and enforced on June 12, 2019, Article 2 of the Act on Welfare of Persons with Disabilities applies to a person who committed a sex offense before the enforcement of the aforementioned Act and did not receive a final and conclusive judgment. Thus, this court should examine and determine whether the Defendant issued an employment restriction order on welfare facilities for persons with disabilities to the Defendant 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 judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Application of Statutes

1. Article 71(1)1-2 and Article 17 subparag. 2 of the former Child Welfare Act (Amended by Act No. 14925, Oct. 24, 2017) regarding criminal facts (a point of sexual abuse against a child)

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the lower court’s judgment under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Protection of Children and Juveniles against Sexual Abuse