The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case in spite of the fact-finding that the defendant's physical contact with the victim does not constitute an indecent act by force, and the intent of indecent act by force cannot be acknowledged.

(b) The sentencing division (the first instance: Imprisonment with prison labor for six months, the suspension of the execution of two years, the 40 hours to attend the sexual assault treatment course, community service 80 hours, and 3 years restricted on employment);

2. Determination

A. Determination ex officio (Application of Act on Welfare of Persons with Disabilities) 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 from June 12, 2019, provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or from providing employment or actual labor to welfare facilities for a certain period not exceeding 10 years; however, such order may not be issued in cases where the risk of recidivism is significantly low or where there are special circumstances that prevent the restriction on employment.

However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act provides that the above amended Act shall also apply to persons who have committed sex offenses and have not received final and conclusive judgments prior to its enforcement, so the above amended Act shall also apply. In this regard, the judgment of the court below shall no longer be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

B. In light of the difference between the original judgment and the appellate court’s method of evaluating credibility in accordance with the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act as one of the elements of the trial-oriented principle, the judgment of the lower court and the appellate court regarding the Defendant’s assertion of mistake of facts.