The prosecutor's appeal is dismissed.

1. The lower court’s punishment (a fine of one million won, 40 hours’ order to complete sexual assault treatment programs, confiscation) against the Defendant on the grounds of appeal (unfair punishment) is too uneased and unreasonable.

2. Determination

A. Comprehensively taking account of the arguments and records of the Prosecutor’s argument, the lower court’s sentencing appears to have been reasonably determined by fully considering all the circumstances, including the reasons for various sentencing asserted by the Prosecutor, including the appearance of the instant crime, the Defendant’s primary offender, and the victim whose identity has been verified by paying a considerable amount of money to the victim, etc., and there seems to be no special circumstances to the extent of changing the sentencing ex post facto, and thus, the Prosecutor’s assertion of unreasonable sentencing

B. According to Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15904, Dec. 11, 2018; Act No. 15904, Jun. 12, 2019), Article 59-3(1) of the Act on Welfare of Disabled Persons (amended by Act No. 15904, Jun. 12, 2019) applies to a person who has committed a sex offense before the enforcement of the Act, and has not received a final and conclusive judgment.

In light of the following: (a) the Defendant’s age, the risk of recidivism, family environment, social relationship, the details and motive of the crime, the method and consequence of the crime; (b) the degree and expected side effects of the Defendant’s disadvantage due to the employment restriction order; (c) the prevention and effect of the sex offense that may be achieved therefrom; and (d) the effect of the protection of victims, etc., there are special circumstances where the employment restriction order for welfare facilities for the disabled should not be imposed; (b) the lower court did not issue an employment restriction order for welfare facilities for the disabled pursuant to the proviso of

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.