The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Of the facts charged in the instant case, the lower court dismissed the public prosecution against intimidation, and convicted him of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc. of Sexual Crimes).

As to this, only the defendant appealed against the guilty part, the dismissed part was separated and confirmed as it is, and excluded from the scope of the judgment of this court.

3. Ex officio determination on an employment restriction order;

A. The lower court, amended on March 13, 2018, applied Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018) and the main text of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), to the Defendant, ordered employment restriction for five years.

However, since the current Act on the Protection of Children and Juveniles against Sexual Abuse was amended on March 13, 2018 and enforced on September 14, 2018, the Act on the Protection of Children and Juveniles against Sexual Abuse was enforced, the former Act on the Protection of Children and Juveniles against Sexual Abuse and Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) cannot be applied to the criminal facts of rape in the instant case committed on October 18, 2018 after the enforcement of the current Act on the Protection of Children and Juveniles against Sexual Abuse and Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse shall not be applied to the criminal facts of rape in the instant case.

Therefore, the judgment of the court below is erroneous in the application of the law as to the employment restriction order.

B. The main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018; and enforced from June 12, 2019, concerning the enforcement of the amended Act on Welfare of Persons with Disabilities, is to punish sexual crimes.