The judgment of the court below is reversed.

The punishment of the accused shall be four years of imprisonment.

Sexual assault, 40 hours against the defendant.

The sentence of the court below (one year of imprisonment, etc.) against the accused in the summary of the grounds for appeal is too unreasonable.

According to Article 59-3 of the Act on Welfare of Persons with Disabilities (Act No. 15904), which was amended on December 11, 2018 and enforced on June 12, 2019 (Act No. 15904), where a person is sentenced to a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against a child or juvenile under subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, an employment restriction order may be issued within the extent not exceeding 10 years against welfare facilities; however, an employment restriction order may not be issued in cases where the risk of recidivism is remarkably low or where there are special circumstances that prevent employment from

Before the amendment, the relevant provisions of the Act stipulate that employment shall be restricted automatically for 10 years without a separate order of employment restriction.

In addition, according to Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018), the above amended provisions shall also apply to persons who committed sex offenses before the enforcement and did not receive a final and conclusive judgment.

The facts charged in the instant case constitute a sex offense as seen earlier and thus, in the event that a sentence is found guilty, it is necessary to deliberate and decide whether to issue an employment restriction order with a fixed period of time in accordance with the above amended provisions.

Therefore, the judgment of the court below cannot be maintained as it is.

The judgment of the court below is reversed on the grounds of the above ex officio reversal, and it is again decided as follows without examining the defendant's assertion of unfair sentencing.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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