The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (two years of imprisonment with prison labor, eight hours of community service order, 80 hours of lecture attendance order, 40 hours of lecture order for sexual assault treatment, three years of employment restriction order, three years of capital increase (Confiscation No. 1) is deemed to be too uneasy 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 Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply), the selection of imprisonment with prison labor, etc.

1. Article 62 (1) of the Criminal Act;

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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. To the effect that confiscation is a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Criminal Act.