1. The part of the judgment below regarding the defendant's case shall be reversed.

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

3.Provided, That this judgment shall not apply.

1. The summary of the grounds for appeal is unreasonable because the sentence (six months of imprisonment and two years of suspended execution) imposed by the lower court on the Defendant and the person requesting probation order (hereinafter “Defendant”) is too unfasible.

2. Determination

A. We examine ex officio the prosecutor’s assertion of unfair sentencing before determining the Defendant case’s assertion of unfair sentencing.

Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which uniformly provides for the restriction on employment of persons with disabilities who are sentenced to punishment for sex offenses against children, juveniles, or adults, is amended by Act No. 15904 on December 11, 2018, and Article 59-3 (1) and (2) of the Act on Welfare of Persons with Disabilities (hereinafter referred to as "Act on Welfare of Persons with Disabilities") stipulates that the period of restriction on employment shall be differentiated for each defendant of each case in consideration of the seriousness of each offense, the risk of recidivism, etc. When the court sentenced the punishment for individual sex offenses, and Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities provides that Article 59-3 of the Act on Welfare of Persons with Disabilities shall apply to persons who have committed sex offenses before June 12, 2019, which is the enforcement date of the Act on Welfare of Persons with Disabilities and who have not been sentenced to final and conclusive judgment. In this regard

B. Since the prosecutor appealed against the prosecuted case, it is deemed that an appeal has been filed against the request for probation order under Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

However, Article 21-8 and Article 9(4)4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders provide that a request for probation order shall be dismissed by a judgment when a suspended sentence or suspended execution is sentenced with respect to a specific crime case, and the following is to be seen.