The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the fine of KRW 7 million, the order to complete a sexual assault treatment program 40 hours, the two-year employment restriction order, the confiscation) is too unreasonable.

B. The sentence (a fine of KRW 7 million, 40 hours after completion of a sexual assault treatment program, 2 years of an employment restriction order, and confiscation) ordered by the prosecutor by the court below is too uneasible.

2. Ex officio determination

A. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) (amended by Act No. 15904), which was effective June 12, 2019, provides that where the court issues a sentence of imprisonment for or medical treatment and custody by sex offense, the court shall make an order to operate welfare facilities for persons with disabilities or to prohibit them from providing employment or actual labor to welfare facilities for a certain period from the date such punishment or medical treatment and custody is completely or partially completed, suspended or exempted (where a fine is imposed, the date on which such punishment becomes final and conclusive) by judgment (hereinafter referred to as “order to restrict employment”) and simultaneously with the judgment of a sex offense case. The proviso to Article 59-3(1) provides that the same shall not apply where

In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that Article 59-3(1) of the Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense before the enforcement of the Act and has not been finally determined.

B. Article 29-3(1) of the Child Welfare Act, effective June 12, 2019 (Law No. 15889), where the court declares a sentence or medical treatment and custody for child abuse-related crimes, the court may, by judgment, operate a child-related institution or provide employment or de facto labor to the child-related institution for a certain period from the date 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 and conclusive).