1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for five months;

3. Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal (two months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of restriction on employment) that the court below sentenced the defendant is too unreasonable;

(In accordance with Article 2 of the Addenda to the Welfare of Persons with Disabilities Act, which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, the court shall examine and determine whether the Defendant issued an employment restriction order to the welfare facilities for persons with disabilities and the period of employment restriction, since Article 59-3(1) of the aforementioned Act applies to a person who committed a sex offense and did not receive a final and conclusive judgment prior to the enforcement of the aforementioned Act.

The above employment restriction order is an incidental disposition that declares simultaneously with the conviction of a sex offense case, and it is inevitable to reverse all of the judgment below even if it did not err in the conviction part. Thus, the judgment below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 245 of the Criminal Act and the choice of punishment for the crime, Article 245 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities have already been punished four times, including one time a suspended sentence due to obscenity.