The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. Summary of the grounds for appeal - Unreasonable sentencing - The sentence of the lower court (two months of imprisonment and three years of suspended execution) shall be too minor.

2. 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”) limits ex officio the operation of welfare facilities for persons with disabilities or employment in welfare facilities for 10 years from the date on which the execution of all or part of such punishment or medical treatment and custody is terminated, suspended or exempted, or the suspension of or exemption from the execution of such punishment or medical treatment and custody was imposed uniformly on persons who were finally and conclusively sentenced to sexual crimes (including sex offenses or sex offenses against children or juveniles) but Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (hereinafter “former Act on Welfare of Persons with Disabilities”) was amended by Act No. 15904, Dec. 11, 2018 and enforced on June 12, 2019; at the same time, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “former Act”).

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."

Based on its stated reasoning, the lower court convicted all of the charges of indecent act by compulsion of this case, which is a sexual crime.

However, as Article 59-3 of the revised Act on Welfare of Persons with Disabilities is applied to this case where the judgment has not yet become final and conclusive, whether the defendant's employment restriction order is imposed and the period of employment restriction is limited.