The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the lower court acquitted the Defendant of this part of the facts by pointing out false facts about the victim and thereby, acquitted the victim. In so doing, the lower court erred by misapprehending the legal doctrine on defamation, thereby adversely affecting the conclusion of the judgment.

(b) Sentencing (part of the crime of oil, part of the original judgment: Imprisonment with prison labor for six months, two years of suspended sentence, two years of restricted employment, and 40 hours of an order to attend a course);

2. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; Act No. 15904, Jun. 12, 2019) provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or from providing employment or actual labor to persons with welfare facilities for a given period not exceeding ten years, but shall not issue an employment restriction order in cases where the risk of recidivism is significantly low or any other special circumstance that does not restrict employment exists.

However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the same Act shall also apply to persons who have committed a sex offense and have not received a final and conclusive judgment prior to its enforcement, and the facts charged in the instant case shall be determined by examining whether the period of restriction on employment is fixed pursuant to Article 59-3(1) of the Act on Welfare of Persons with Disabilities and should be determined simultaneously with the judgment on

The judgment on the employment restriction order under Article 59-3 (1) of the Welfare of Disabled Persons Act is an incidental disposition to be sentenced simultaneously with the conviction of a sex offense case, and all of the judgment below should be reversed even if there is no error in the remaining accused cases of the judgment below.