The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

Sexual assault, 40 hours against the defendant.

Unlike the Act prior to the amendment, Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, provides that, in cases where a court issues a sentence of a sex offense or a medical treatment and custody for a sex offense, it shall, at the same time as the case of a sex offense, order the operation of welfare facilities for the disabled or the provision of employment or actual labor to the welfare facilities for the disabled (hereinafter referred to as “order for employment restriction” under the following) so that the employment restriction order may not be issued, and the employment restriction period shall not exceed ten years.

In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 11, 2018) provides that these amendments shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final and conclusive judgments.

Therefore, when a sentence is imposed for the sex offense of this case, it is necessary to examine and judge whether or not to issue an employment restriction order for welfare facilities for the disabled in accordance with the above provision, and the restriction period, etc., and the judgment of the court below that does not include it was impossible to maintain.

Since the judgment of the court below has such reasons for ex officio reversal, it is reversed without examining the two parties' assertion of unfair sentencing, and it is decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which require disclosure or notification, and children or juveniles;