The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the fine of KRW 5 million, the order to complete a sexual assault treatment program 80 hours, and the three years of the employment restriction order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Ex officio determination of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter “former Act on Welfare of Persons with Disabilities”) limits the operation of welfare facilities for persons with disabilities or employment in welfare facilities for persons with disabilities for 10 years from the date on which the execution of all or part of the punishment or medical treatment and custody is completed or suspended, and Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (hereinafter “former Act on Welfare of Persons with Disabilities”) was amended by Act No. 15904, Jun. 12, 2019; hereinafter “sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or sex crime under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles from Sexual Abuse; hereinafter “sexual crime”) and Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (hereinafter “Act on Welfare of Persons with Disabilities”) does not include any special order for a period of employment restriction under the same provision.

Meanwhile, Article 2 of the Addenda to the amended Act on Welfare of Persons with Disabilities provides that "The amended Act 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."

Therefore, on the grounds stated in its reasoning, sexual crimes are committed.