The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. The Defendant’s act of misunderstanding of facts and misunderstanding of legal principles does not constitute “indecent act” under Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

The defendant did not have a head as stated in the facts charged, and only stolen the head and the spawn back of the spawn under the spawn of the victims.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution for six months of imprisonment, community service, 120 hours in 120, 40 hours in attending sexual assault treatment lectures, and three years of employment restrictions on children and juveniles-related institutions) is too unreasonable.

2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) uniformly limits the employment of persons with disabilities at welfare facilities for ten years from the date on which the execution of a sentence or medical treatment and custody was completed, in whole or in part, or suspended or exempted.

However, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Jun. 12, 2019), which was enforced on June 12, 2019, provides that a court may choose a period of restriction on employment (However, the period shall not exceed 10 years pursuant to paragraph (2) of the same Article; hereinafter the same shall apply) and, at the same time, order a person with disabilities to restrict the employment, etc. to a person with disabilities when it decides that the risk of recidivism is remarkably low or that there are other special circumstances where the employment is not restricted.

In addition, Article 2 of the Addenda to the same Act provides that the amended provisions of Article 59-3 above shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.

As such, Article 59-3 of the revised Act on Welfare of Persons with Disabilities is applied to this case, prior to the enforcement of the said Act.