The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (the sentence of the court below shall be six months, the suspension of execution of the sentence two years, the probation period of one year, 40 hours to attend the sexual assault treatment lecture, confiscation, and three years, and the restriction of employment);

2. Ex officio determination (it is necessary to determine whether employment is restricted to welfare facilities for disabled persons) is conducted prior to the prosecutor's appeal.

Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective from June 12, 2019; hereinafter referred to as “Act on Welfare of Persons with Disabilities”) 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 providing employment or actual labor to welfare facilities for a certain period not exceeding 10 years, but shall not issue an employment restriction order in cases where the risk of re-offending is considerably low or any other special circumstance that does not restrict employment exists.

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.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's ex officio grounds for reversal, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Prior to amendment by Act No. 15977, Dec. 18, 2018, the pertinent Article of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Special Cases Concerning the Punishment, etc. of Sexual Crimes selected by the method