1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of probation, community service order 80 hours, 40 hours of order to complete sexual assault treatment programs, 2 years of employment restriction order) is too unreasonable.

2. According to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018; and enforced on June 12, 2019, Article 59-3(1) of the said Act applies to a person who committed a sex offense before the enforcement of the said Act and did not receive a final and conclusive judgment. Thus, this court should examine and determine whether the Defendant issued an employment restriction order on welfare facilities for persons with disabilities to the Defendant 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 judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided after oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Social service order 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 Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Persons with Disabilities recognizes and reflects the instant crime; and the Defendant.