The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The court below's rejection of the claim for mental disability is unlawful even though the defendant and the respondent for a probation order (hereinafter "defendant") suffered both polar disorder and alcohol dependence at the time of the crime in this case, and they had weak ability to discern things or make decisions under the influence of alcohol.

B. The lower court’s sentencing is too unreasonable.

C. The Defendant, who was unjustly subject to an employment restriction order, is a person who is extremely flat and sexually active if he/she wears his/her mind and body properly, and thus, an employment restriction order for the five-year period is unfair.

Since there is no history of sex offense, and there is no risk of recommitting sexual crimes, such as average points shown as a result of the confinement of rape norms, etc., the court below's probation order is unfair.

2. Determination

A. 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 (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person who was finally determined as having been sentenced to a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children or juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crime”) shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide operation, employment or actual labor (hereinafter referred to as “employment restriction period”) for ten years.

However, Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 and enforced June 12, 2019, and Article 59-3 of the Act on Welfare of Persons with Disabilities, and Article 59-1 of the Act on Welfare of Persons with Disabilities, where the court declares a punishment