The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 40 hours against the defendant.

The summary of the grounds for appeal (unfair sentencing) Defendant asserts that the lower court’s imprisonment (three years of imprisonment, etc.) is too unreasonable.

The prosecutor asserts that the sentence of the court below is too unjustifiable and unfair.

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that no person who has been finally and conclusively sentenced to punishment or medical treatment and custody for sexual crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex crimes against children and juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "sexual crimes") shall operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that the period during which the operation, employment or actual labor is prohibited (hereinafter referred to as "employment restriction period") shall be 10 years from the date on which the execution of all or part of the punishment or medical treatment and custody is completed, suspended or exempted.

However, unlike the previous provisions, 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 as of June 12, 2019, provides that where the court issues a sentence of imprisonment or medical treatment and custody for sex crimes, it shall impose an order to operate welfare facilities for persons with disabilities or to prevent them from providing employment or actual labor at welfare facilities for persons with disabilities for a fixed period not exceeding ten years (hereinafter referred to as “employment restriction order”), and the same shall not apply to cases where the risk of recidivism is remarkably low or where the employment is determined to be restricted.

On the other hand, Article 2 of the Addenda of the same Act (amended on December 11, 2018) provides that the amended provisions of Article 59-3 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.

In this case.