1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four months;

3. Sexual assault against the defendant for forty hours.

1. The summary of the grounds for appeal (for four months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of restriction on employment) that the court below sentenced the defendant is too unreasonable;

(In light of Article 2 of the Addenda to the Welfare of Disabled Persons Act, which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, the foregoing Act applies to a person who committed a sex offense before the enforcement of the foregoing Act and who did not receive a final and conclusive judgment, the court shall examine and determine whether the Defendant issued an employment restriction order to 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 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 245 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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; Article 59-3(1) of the Act on Welfare of Persons with Disabilities; Article 56(1) of the Act on the Protection of Persons with Disabilities