The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

1. The decision of the court below on the accused's summary of the grounds for appeal (ten months of imprisonment, forty hours of order to complete sexual assault treatment programs, three years of order of disclosure notification, three years of employment restriction order) 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.”

This case’s quasi-indecent act constitutes 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.

Considering the criminal records, methods of crimes, relationship between the defendant and the victim, circumstances before and after the crime, etc., there is no special circumstance that does not significantly lower the risk of recidivism or restrict employment.