The judgment of the court below is reversed.

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

except that from the date of this judgment.

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (two years of imprisonment, etc.) is too unreasonable.

(A) Article 59-3 of the Act on Welfare of Persons with Disabilities (Act No. 15904), which was amended on December 11, 2018 and enforced on June 12, 2019, provides that where a person is sentenced to punishment for 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 subparagraph 2 of Article 2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, an employment restriction order shall be issued in welfare facilities for persons with disabilities for a period not exceeding ten years; however, where a person is sentenced to punishment for sex crimes under Article 2(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse and where the risk of recidivism is remarkably low or there is any special reason for not restricting employment,

Before the amendment, the relevant provisions of the Act stipulate that employment shall be restricted automatically for 10 years without a separate order of employment restriction.

In addition, according to Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018), the above amended provisions shall also apply to persons who committed sex offenses before the enforcement and did not receive a final and conclusive judgment.

The facts charged in the instant case constitute a sex offense as seen earlier and thus, in the event that a sentence is found guilty, it is necessary to deliberate and decide whether to issue an employment restriction order with a fixed period of time in accordance with the above amended provisions.

Therefore, the judgment of the court below cannot be maintained as it is.

The judgment of the court below is reversed on the grounds of ex officio reversal and without examining the grounds for appeal, and it is again decided as follows.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court and summary of evidence are "1.1.1."