The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

Article 59-3 (1) of the Act on Welfare of Persons with Disabilities amended by Act No. 15904 on December 11, 2018 and enforced June 12, 2019, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (referring to a sexual crime defined in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against a child or juvenile defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse) provides that "where a person is sentenced to punishment or medical treatment and custody by sex crime (including a summary order), the court shall simultaneously declare (referring to the date on which such punishment becomes final, where a fine is sentenced) an order to operate welfare facilities for a specific period from the date on which the execution of all or part of such punishment or medical treatment and custody is terminated, suspended or exempted (referring to the date on which such punishment becomes final, in cases of a sex offense case)" and Article 2 of the Addenda of the Act provides that "the amendment of Article 59-3 shall also apply to a sex offense."

Since the crime of this case constitutes a sex offense committed before the enforcement of the Act on Welfare of Persons with Disabilities, it was necessary to examine and judge whether the period of restriction on employment should be determined pursuant to Article 59-3(1) of the Act on Welfare of Persons with Disabilities and the issuance of an employment restriction order simultaneously.

On the other hand, since the employment restriction order in welfare facilities for the disabled is an incidental disposition to be sentenced simultaneously with the judgment of the sex offense case, in the event that the defendant issues an employment restriction order on welfare facilities for the disabled, it shall be reversed without any illegality.