The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal and light of sentencing (in the case of original trial, a fine of up to 4 million won, 40 hours after completing sexual assault treatment programs, 3 years restricted on employment);

2. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018, and enforced from June 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 to prevent 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 10 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 amended Act provides that the above amended Act shall also apply to persons who have committed sex offenses and have not received final and conclusive judgments prior to its enforcement, so the above amended Act shall also apply. In this regard, the judgment of the court below shall no longer be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Discied Reasons for the judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. An employment restriction order;

(a) Restriction on employment of children and juveniles-related institutions, etc.: Attached to the Act on the Protection of Children and Juveniles against Sexual Abuse;