The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. The Defendant, under the influence of alcohol at the time of committing the instant crime, was in a state that the Defendant lacks the ability to discern things or make decisions.

Nevertheless, the lower court erred by failing to provide statutory mitigation.

B. The lower court’s sentence (ten months of imprisonment, 80 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) against the Defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904), effective June 12, 2019, provides that where the court declares a sentence of imprisonment or medical treatment and custody for a sex offense, the court shall make an order (hereinafter referred to as "employment restriction order") to operate welfare facilities for persons with disabilities or to prohibit them from providing employment or actual labor to welfare facilities for a certain period from the date such punishment or medical treatment and custody is completely or partially terminated, suspended or exempted (where a fine is sentenced, the date on which the punishment becomes final and conclusive). The proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) provides that the same shall not apply to cases where the risk of recidivism

In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that “The Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense and has not been finally and conclusively determined prior to the enforcement of the Act on Welfare of Persons with Disabilities.”

The crime of indecent act by compulsion falls under a sex offense to which Article 59-3(1) of the above Act applies, and this court should determine whether to issue or exempt an employment restriction order to the defendant pursuant to Article 59-3(1) of the above Act.

The criminal records, methods of crimes, and the defendant and the victim appearing in the records of this case.