The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for four years.

For the defendant.

1. Summary of grounds for appeal (the part concerning the defendant's case);

A. The Defendant (unfair punishment)’s imprisonment (five years of imprisonment, 80 hours’ order, and 5 years’ restriction order) is too unreasonable.

B. The Defendant committed similar rape after preventing the victim from leaving the victim due to physical force. As such, the Defendant committed a new crime with the intent to commit similar rape after the termination of indecent act by force. The Defendant committed a new crime with the intent to commit a similar rape after the completion of indecent act by force.

Therefore, even though the defendant's indecent act is judged as a substantive concurrent crime by a separate act from the act of similar rape, the court below has erred in the misapprehension of legal principle.

B) The lower court acquitted the victims of intellectually disabled persons of Grade 3 who were repeatedly victimized by sexual assault from 12 years of age in the part concerning similar rape in the facts charged No. 1-A, B-3 and 3, on the ground that they continuously suffered from intimidation under psychological suppression, and thus, cannot be recognized as assault and intimidation. In so doing, the lower court erred by misapprehending the legal principles and misapprehending the legal principles. 2) The lower court’s sentence of unfair sentencing is too unreasonable.

2. Determination on the part of the defendant's case

A. The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective June 12, 2019) provides that where the court issues a sentence for "sexual crime" (referring to sexual crimes defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or sex crimes against children and juveniles defined in Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse) in a case where the court issues an order to operate welfare facilities for a certain period or to prohibit them from providing employment or actual labor at welfare facilities for a certain period of time, and the proviso to the said provision provides that the order shall be issued concurrently with the ruling