The judgment below

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

A defendant shall be punished by imprisonment for two years.

For the defendant.

1. Summary of grounds for appeal;

A. Defendant case 1) misunderstanding of facts and the person requesting probation order (hereinafter “Defendant”).

(2) The sentence imposed by the lower court on the Defendant (two years of imprisonment, etc.) is too unreasonable and unreasonable.

B. It is unreasonable for the court below to order the defendant to be placed under protection for three years in case of probation order request.

2. Determination

A. Part 1 of the Defendant’s case is examined ex officio prior to the judgment on the grounds for appeal by the Defendant. Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904, Dec. 11, 2018, means a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, or a sex offense against a child or juvenile under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter

A) A person for whom a sentence of imprisonment or medical treatment and custody has become final and conclusive is prescribed in a uniform manner to prevent the operation of welfare facilities for persons with disabilities or the provision of employment or actual labor to welfare facilities for persons with disabilities (hereinafter referred to as “period of restriction on employment”).

Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 and enforced as of June 12, 2019, provides a uniform term of 10 years, but Article 59-3 of the Act on Welfare of Persons with Disabilities, which was enforced as of June 12, 2019, provides a court with an order to prohibit the operation of welfare facilities for persons with disabilities or the employment or actual labor of welfare facilities for persons with disabilities during the period

B shall be sentenced simultaneously with the judgment of a sex offense case: Provided, That where the risk of recidivism is remarkably low or where it is deemed that there are other special circumstances that prohibit employment, an employment restriction order may not be issued.