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.

Punishments imposed by the court below (three years of imprisonment, etc.) shall be excessively 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 when 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 for sex crimes against children and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s defense counsel argued that the facts were erroneous or misunderstanding in the statement of grounds for appeal, but withdrawn from the third trial date. According to Article 59-3 of the Act on Welfare of Persons with Disabilities (Act No. 15904), an employment restriction order may not be issued to persons with disabilities within the extent not exceeding 10 years, but where

Before the amendment, the relevant provision of the Act stipulates 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 Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the above amended provisions apply to a person who committed a sex crime 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 the above ex officio reversal, and it is again decided as follows without examining the grounds for appeal.

[Discied Reasons for the judgment] Criminal facts and summary of evidence recognized by the court is serious in terms of the summary of evidence.