The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal: Imposition of a fine of 4 million won, order to complete a program, 40 hours, confiscation, and 3 years restricted on employment;

2. Ex officio determination

A. Application of the amended Act on Welfare of Persons with Disabilities: Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective from Jun. 12, 2019) provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or from providing employment or actual labor to welfare facilities for a certain period not exceeding 10 years; however, such order may not be issued in cases where the risk of recidivism is significantly low or any special circumstance that prevents them from restricting employment exists.

However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the Act shall also apply to persons who have committed a sex offense and have not received a final and conclusive judgment prior to the enforcement of the Act, and the facts charged in the instant case are sex offenses and thus, it is necessary to examine and judge whether the period of restriction on employment should be determined pursuant to Article 59-3(1) of the Act on Welfare of Persons with Disabilities

The judgment on the employment restriction order under Article 59-3 (1) of the Welfare of Disabled Persons Act is an incidental disposition to be sentenced simultaneously with the conviction of a sex offense case, and all of the judgment below should be reversed even if there is no error in the remaining defendant's case, so the entire judgment of the court below

B. Violation of litigation procedures: Summary of this part of the facts charged as to Articles 1 and 2 of the facts charged

1. On November 30, 2017, the Defendant: (a) from the Guri-si on a mobile phone of the Defendant in the bus, the name buckbucks that revealed that female students, who were sitting in front of the bus, were dead, turned down with the Defendant’s cell phone; and (b) the name bucks.