1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;

3. Sexual assault against the defendant for forty hours.

1. Summary of grounds for appeal;

A. The sentence imposed by the Defendant (one year and ten months of imprisonment, 40 hours of order to complete sexual assault treatment programs, 1 year of restriction on employment) is too unreasonable.

(A) The argument of mental or physical disability has been withdrawn.

The above-mentioned sentence imposed by the court below on the defendant is too unfortunate and unfair.

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 as of June 12, 2019, Article 2 of the Act on Welfare of Persons with Disabilities applies to a person who committed a sex offense before the enforcement of the Act, and did not receive a final and conclusive judgment, 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, and the judgment of the court below is reversed, and it is again decided after pleading, on the grounds of the above ex officio reversal.

[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. Relevant legal provisions concerning criminal facts, Articles 136(1) of the Criminal Act of the choice of punishment (the point of obstructing performance of official duties, the choice of imprisonment), Article 298 of the Criminal Act, Articles 258-2(1) and 257(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of obstructing performance of duties, choice of imprisonment), Articles 356 and 355(1) of the Criminal Act, the prior record of each criminal law Article 232-2 of the Criminal Act.