1. The judgment below is reversed.

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

3. Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three years of imprisonment, 80 hours of order to complete a sexual assault treatment program, 7 years of employment restriction order) is too unreasonable.

(In fact, misunderstanding of legal principles was withdrawn).

The above-mentioned sentence imposed by the court below on the defendant is too unfortunate and unfair.

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 on 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 aforementioned Act and did not receive a final and conclusive judgment. Thus, 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, and the judgment of the court below is reversed, and it is again decided after pleading, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except where "1. Part of the defendant's court statement" in the summary of the third evidence of the judgment of the court below is "1. The defendant's court statement" as "the defendant's court's court statement"

Application of Statutes

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 2 of the same Act, the selection of imprisonment for a crime;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;