The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the fine of KRW 3,00,000, the order to complete a sexual assault treatment program 40 hours, the employment restriction 5 years) declared by the court below is too unreasonable.

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 (Law No. 1589) enacted on June 12, 2019 provides that where the court declares a sentence or medical treatment and custody for committing a child abuse-related crime, the court shall, by judgment, impose an order to operate a child-related institution or not to provide employment or actual labor to a child-related institution for a certain period from the date when the execution of the sentence or medical treatment and custody is terminated or suspended or exempted (where a fine is sentenced, the date when the sentence becomes final and conclusive) is suspended or exempted (hereinafter referred to as “order to restrict employment”), the court shall impose such order simultaneously with the judgment of the child abuse-related crime, and the risk of re-offending.