The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is excessively 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 “10 years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated, suspended or exempted,” and uniformly stipulates that “10 years from the date on which the execution of the punishment or medical treatment and custody, in whole or in part, is terminated, or the execution of the punishment or the sex offense against children and juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual offense”) is prohibited by the operation of welfare facilities or the provision of employment or actual labor to welfare facilities for persons with disabilities.”

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.

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.

Therefore, after the enforcement of the above revised provisions of the Act on Welfare of Persons with Disabilities, the judgment of June 21, 2019 was sentenced.