The judgment of the court below is reversed.

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment for one year.

Defendant

(b).

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year and six months of imprisonment, three years of order to disclose and notify personal information, five years of employment restriction order) against the Defendant and the person who requested to attach an attachment order is unreasonable.

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

2. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that “A person, who has been sentenced to imprisonment or medical treatment and custody for committing sexual crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crimes”) shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities,” and uniformly sets the period during which the operation, employment or actual labor is prohibited (hereinafter referred to as “employment restriction period”).

However, unlike the previous provisions of Article 59-3(1) 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, where the court declares a punishment or medical treatment and custody due to a sex offense, it shall, by judgment, issue an order to operate welfare facilities for a specific period from the date on which the execution of such punishment or medical treatment and custody is completed, suspended or exempted, or to prohibit the employment or actual labor of welfare facilities for a specific period (hereinafter referred to as "order to restrict employment") and simultaneously issue an order to prevent employment of welfare facilities for a sex offense case: Provided, That where the risk of recidivism is remarkably low or where it is deemed that there are other special circumstances that prevent employment from being restricted, the employment restriction order may not be imposed, and the employment restriction period under Article 59-3(2