The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

. Information on the Defendant.

1. The lower court rendered a judgment of conviction on the Defendant case, a judgment ordering the attachment of an electronic tracking device, and a judgment dismissing the prosecutor’s request on the case requesting a probation order.

On the other hand, only the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") appealed.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a case requesting probation order is excluded from the scope of trial of the original court as there is no interest in appeal against the defendant, and only the case requesting attachment order is included in the scope of trial.

2. The gist of the grounds for appeal (along-year imprisonment, etc.) of the lower court is too unreasonable.

3. Determination

A. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) on the Defendant’s case provides that “ten years shall be passed from the date on which the execution of all or part of the punishment or medical treatment and custody is completed or the execution of the sentence is suspended,” where a person who was finally and conclusively sentenced to punishment or medical treatment and custody is unable to operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities.”

However, unlike the previous provision, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “Amended Act on Welfare of Persons with Disabilities”) amended by Act No. 15904, Dec. 11, 2018; and enforced June 12, 2019 (hereinafter “former Act on Welfare of Persons with Disabilities”) is contrary to the previous provision, where the court issues a sentence of imprisonment or medical treatment and custody for sex offense, it shall not exceed a certain period from the date (including a summary order; hereafter the same shall apply in this paragraph) when the execution of the sentence or medical treatment and custody is terminated or suspended or exempted (where a fine is imposed, the date on which the sentence becomes final