1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3. Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment, forty hours of order to complete sexual assault treatment programs, five years of restriction order) is too unreasonable.

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 as of 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 Act, and did not receive a final and conclusive judgment, 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

1. Article 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. It is recognized that the Defendant’s reason for sentencing under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), Article 59-3(1) of the Act on Welfare of Persons with Disabilities, recognized the instant crime and reflects on the recognition of the Defendant, and expressed the significance of treatment and prevention

However, the defendant has already been sentenced to punishment for the same crime.