The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is deemed to be too unhued and unfair.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). All circumstances alleged by the prosecutor seem to be reflected in the sentencing of the lower court.

In light of the following: (a) there is no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data at the trial; and (b) the circumstance and consequence of the instant crime; (c) the Defendant’s age; and (d) various conditions of sentencing as shown in the instant case’s records and pleadings, including the circumstances after the instant crime was committed; and (d) the Defendant’s character and conduct; and (e)

B. Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which uniformly prescribed the employment restrictions on welfare facilities for persons with disabilities for the ten-year period for children, juveniles, or persons sentenced to the ex officio determination on an employment restriction order under the Act on Welfare of Persons with Disabilities, was amended by Act No. 15904, Dec. 11, 2018; and Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, upon sentence of a punishment for an individual sex offense case, the court has set a different period of employment restrictions within a ten-year period in consideration of the risk of recidivism (hereinafter “Amended Act on Welfare of Persons with Disabilities”); Article 2 of the Addenda (Act No. 15904, Dec. 11, 2018) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904) provides that “The amended provisions of Article 59-3 shall also apply to persons who have committed sex crimes before June 12, 2019.

Therefore, as amended Act on Welfare of Persons with Disabilities applies to this case after the sentence of the lower judgment, the sentence of the Defendant who committed a sex offense against adults is imposed.