The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

The defendant shall be 40 hours.

1. The gist of the grounds for appeal is that the lower court’s punishment (the maximum term of three years of imprisonment, the short term of two years and six months, the order to complete a sexual assault treatment program 40 hours, and the employment restriction order three years) is too 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, Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, provides that, in cases where a court issues a sentence of imprisonment or medical treatment and custody for sex offenses, it shall simultaneously issue an order to operate welfare facilities for persons with disabilities or to prohibit persons from providing employment or actual labor to welfare facilities for persons with disabilities for a fixed period not exceeding ten years (hereinafter referred to as “employment restriction order”); however, the same shall not apply to cases where the risk of recidivism is considerably low or where it is deemed that there is any special circumstance that does not restrict employment. Meanwhile, Article 59-3 of the Addenda of the same Act (amended by Act No. 11, Dec. 11, 2018) provides that the amended provisions of Article 59-3 also apply to persons who have committed sex offenses before this Act enters into force and have not been finally binding.

However, each of the crimes in this case is committed.