1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and six months;

3. Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Error of fact recognizes that the defendant forcibly commits an indecent act against the victim and inflicts an injury on the victim.

However, in the process of forcing the victim to commit an indecent act by force, the Defendant cited the victim’s soldiers and did not pose a threat to the victim.

Nevertheless, the court below convicted the defendant of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special indecent act by force) on the basis of the victim's statement that has been reversed continuously and the credibility of the statement has been doubtful. The court below erred by misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to determining the mistake of facts and the assertion of unreasonable sentencing by the defendant on the judgment of ex officio.

Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which uniformly provides for the restriction on employment of persons with disabilities who are sentenced to punishment for sex offenses against children, juveniles, or adults, is amended by Act No. 15904 on December 11, 2018, and Article 59-3 (1) and (2) of the Act on Welfare of Persons with Disabilities (hereinafter referred to as "Act on Welfare of Persons with Disabilities") stipulates that the period of restriction on employment shall be differentiated for each defendant of each case in consideration of the seriousness of each offense, the risk of recidivism, etc. When the court sentenced the punishment for individual sex offenses, and Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities provides that Article 59-3 of the Act on Welfare of Persons with Disabilities shall apply to persons who have committed sex offenses before June 12, 2019, which is the enforcement date of the Act on Welfare of Persons with Disabilities and who have not been sentenced to final judgment. In this regard

However, since the defendant's assertion of mistake is still meaningful, we will examine the following.

B. As to the assertion of mistake of facts, the relevant legal doctrine is adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle.