The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

However, from the date this judgment becomes final and conclusive.

1. According to Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018, and enforced as of June 12, 2019, when a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall impose an order to operate welfare facilities for persons with disabilities or not to provide employment or actual labor to persons with welfare facilities for persons with disabilities during the period of employment restriction (hereinafter referred to as “order for employment restriction” under the following) concurrently with the judgment of a sex offense case; however, the employment restriction order may not be issued in cases where special circumstances that prevent the employment restriction exist, and the employment restriction period shall not exceed ten years.

In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 11, 2018) provides that these amendments shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final and conclusive judgments.

Therefore, when a sentence is imposed for the sex offense of this case, it is necessary to examine and judge whether or not to issue an employment restriction order for welfare facilities for the disabled in accordance with the above provision, and the restriction period, etc., and the judgment of the court below that does not include it was impossible to maintain.

2. The judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and it is so decided as follows through the oral argument.

【Reasons for the Judgment of the court which has previously been used] Criminal facts and summary of evidence admitted by this court are identical to the corresponding column of the judgment of the court below, except for the alteration of “the defendant’s partial statement” into “the defendant’s present court statement” in the summary of evidence. Thus, it shall be cited in accordance with Article 369

Application of Statutes

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of attempted crimes: Articles 25(2) and 55(1)3 of the Criminal Act;