We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault, 40 hours against the defendant.

1. The decision of the court below on the gist of the grounds of appeal (the first instance judgment: imprisonment with prison labor for six months, the suspension of execution for two years, and the second instance judgment: imprisonment with prison labor for one year) is too unreasonable.

2. Ex officio determination

A. The judgment of the court below against the defendant was joined in the appeal case against the judgment of the court below for the first time. Each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and should be sentenced within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below should be reversed.

B. On the first instance judgment: According to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the amended provisions of Article 59-3 (Restriction on Employment of Sex Offenders, etc.) of the Act on Welfare of Persons with Disabilities, effective as of June 12, 2019, apply to persons who committed sexual crimes and did not receive final and conclusive judgment prior to the enforcement of the aforementioned Act, whether the Defendant, who committed sexual crimes prior to the enforcement of the aforementioned Act, was sentenced to an employment restriction order and the period

However, the above employment restriction order is an incidental disposition that is sentenced simultaneously with a conviction of a sex offense case, and even if there is no error in the remaining part of the judgment of the court of first instance, the judgment of the court of first instance cannot be maintained any longer.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above. It is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;