The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A sexual assault treatment program for 40 hours is provided to the defendant.

1. The summary of the grounds for appeal (three years of imprisonment with prison labor for a term of one-year suspension, order to attend lectures, order to provide community service, probation, and confiscation) imposed by the court below is too unhued and unreasonable.

2. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) uniformly limits employment in welfare facilities for persons with disabilities for ten years from the date when the execution of all or part of the punishment or medical treatment and custody is terminated or suspended or exempted, but Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter “former Act on Welfare of Persons with Disabilities”) regulates employment in welfare facilities for persons with disabilities for ten years from the date on which the sentence of a sex offense or a sex offense against a child or juvenile (hereinafter “sexual offense”) is imposed, contrary to the previous provision, the court did not provide for an employment restriction order in cases where the court orders the restriction on employment of persons with disabilities for a fixed period of time in the case of issuing a sex offense or medical treatment and custody.

Meanwhile, Article 2 of the Addenda to the amended Act on Welfare of Persons with Disabilities provides that "The amended Act 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."

For reasons indicated in its holding, the lower court convicted all of the charges of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

However, Article 59-3 (1) of the revised Act on Welfare of Persons with Disabilities applies to this case, and it is necessary to judge whether to issue an employment restriction order to the defendant and the period of employment restriction.