The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles has been frequently committed with the ordinary victim. At the time of the instant case, the victim took a wind on the part of the victim, i.e., the Defendant, who was in distress to see the victim’s sexual organ in order to see the victim, and only used the victim’s prudentness and scambly, and did not have an intention to commit an indecent act against the Defendant. Nevertheless, the lower court’s judgment that convicted the Defendant of the instant facts charged was erroneous in misunderstanding of facts or misunderstanding of legal principles. (2) The lower court’s sentence of unfair sentencing (one year of imprisonment with prison labor, six months of suspended execution, one year of suspended execution) is too unreasonable.

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

2. We examine ex officio before determining the grounds for appeal.

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereafter in force on June 12, 2019) stipulates that a person who has been finally determined to be sentenced to punishment or medical treatment and custody by sex offense is unable to operate a welfare facility for persons with disabilities, or to provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period of restriction on employment, etc. “10 years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated, suspended or exempted.”

However, unlike the previous provisions, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “former Act on Welfare of Persons with Disabilities”) which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019 (hereinafter “former Act on Welfare of Persons with Disabilities”) where a person is sentenced to punishment or medical treatment and custody due to sex offense, the court may prevent the person from operating welfare facilities for persons with disabilities or providing them with employment or actual labor at welfare facilities for a certain period from the date when the execution of all or part of the punishment or medical treatment and custody is terminated or suspended or exempted (hereinafter “employment restriction period”).