The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) is too unreasonable.

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

2. We examine ex officio the grounds of appeal for ex officio determination prior to determination.

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereafter in force on June 12, 2019) stipulates that a person who has been finally determined to be sentenced to punishment or medical treatment and custody by sex offense is unable to operate a welfare facility for persons with disabilities, or to provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period of restriction on employment, etc. “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.”

However, unlike the previous provisions, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “Amended Act on Welfare of Persons with Disabilities”) which was amended by Act No. 15904, Dec. 11, 2018 and enforced June 12, 2019 (hereinafter “the Act on Welfare of Persons with Disabilities”) provides that, in cases where a sentence of imprisonment or medical treatment and custody is imposed for a sex offense, the court shall issue an order to operate welfare facilities for a certain period from the date when the execution of all or part of the sentence or medical treatment and custody is terminated or suspended or exempted (hereinafter “employment restriction period”), or to prevent the employment or actual labor of welfare facilities for persons with disabilities (hereinafter “employment restriction order”), simultaneously with the judgment of a sex offense case: Provided, That the same shall not apply to cases where the risk of recidivism is remarkably low or where the employment restriction period does not exceed 10 years, and Article 59-3(2) of the Act on Welfare of Persons with Disabilities provides that the employment restriction period shall not exceed ten years.