The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

Summary of Grounds for Appeal

Defendant

The punishment of the lower court (one year of imprisonment, 40 hours of an order to complete a sexual assault treatment program, 3 years of an order to disclose, 3 years of an order to notify, and 3 years of an employment restriction order, such as children and juveniles-related institutions, etc.) is too unreasonable.

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

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter the same shall apply) of the Act on Welfare of Persons with Disabilities (referring to sexual crimes under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter the same shall apply) has uniformly restricted employment in welfare facilities for persons with disabilities for ten years from the date on which the execution of punishment or medical treatment and custody was completed, suspended or exempted.

However, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Jun. 12, 2019), which was enforced on June 12, 2019, provides that a court may choose a period of restriction on employment (However, the period shall not exceed 10 years pursuant to paragraph (2) of the same Article; hereinafter the same shall apply) and, at the same time, order a person with disabilities to restrict the employment, etc. to a person with disabilities when it decides that the risk of recidivism is remarkably low or that there are other special circumstances for not restricting employment.

In addition, Article 2 of the Addenda to the same Act provides that the amended provisions of Article 59-3 above shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.

As such, as Article 59-3 of the revised Act on Welfare of Persons with Disabilities applies to this case, whether the defendant who committed a sex offense prior to the enforcement of the above Act is sentenced to an employment restriction order under the above Act.