The judgment below

The part of the defendant's case shall be reversed.

The punishment of the accused shall be determined by two years and six months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) Unreasonable sentencing and exemption from disclosure and notification orders are excessive and unfair, and it is also unreasonable to exempt the Defendant from issuing an order to disclose and notify personal information. 2) Since the Defendant’s dismissal of a request to attach an attachment order is likely to repeat a sexual crime, it is unreasonable for the lower court to dismiss the Defendant’s request to attach an attachment order.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio as to the part of the defendant's case.

The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904), effective June 12, 2019, provides that where a court pronounces a sex offense (referring to a sexual crime defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children or juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter the same shall apply), it shall order, by judgment, that no person shall operate welfare facilities for persons with disabilities or provide employment or actual labor to persons with disabilities for a certain period from the date (referring to the date on which a fine becomes final and conclusive, where a fine is sentenced) on which the execution of such punishment is terminated or suspended or exempted (hereinafter referred to as "employment restriction

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.

Therefore, the defendant who committed a sex offense before the enforcement of the Act should also be sentenced to the employment restriction order on welfare facilities for the disabled.

Meanwhile, the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904) is applicable.