1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder resulting from a mental disorder by taking a medicine for treatment of booming as well as drunk surgery at the time of the instant crime.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to determining the grounds for appeal on the ex officio judgment.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court has set a differential period of restriction on employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case.

However, the defendant's mental and physical disability is still meaningful even if there are the above reasons for reversal of authority.

B. According to the record of the determination on the assertion of mental and physical disorder, it can be acknowledged that the Defendant was in a state of drinking at the time of the instant crime, and was diagnosed as a leuk blood disease in 2013 and took medicine for treatment.

However, the background, means, methods, and circumstances after the crime of this case, in particular, the defendant has made a concrete statement in the investigative agency about the situation and contents of the crime, and it has been in the dwelling of the defendant after the crime of forced indecent act was committed.