Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

1. The sentencing of the lower court (a fine of KRW 5 million, order to complete a sexual assault treatment program 40 hours, order of employment restriction 2 years, and confiscation of No. 1) is deemed to be too uneasible and unreasonable.

2. According to Article 2 of the Addenda to the Welfare of Disabled Persons Act, which was amended by Act No. 15904, Dec. 11, 2018, and enforced as of June 12, 2019, Article 59-3(1) of the aforementioned Act applies to a person who has committed a sex offense before the enforcement of the aforementioned Act and has not been finally and conclusively determined, this court should examine and determine whether the Defendant issued an employment restriction order against welfare facilities for disabled persons and the period of employment restriction.

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 court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided after oral argument.

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of fines for the crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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 Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The judgment that constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act shall be based on the order of provisional payment.