1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3. The defendant.

1. Summary of grounds for appeal;

A. The lower court’s punishment (eight months of imprisonment) is too unreasonable for the Defendant and the person requesting a probation order (hereinafter “Defendant”).

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

2. Determination

A. Prior to the judgment on the argument of the grounds for appeal on the part of the Defendant case, Article 59-3 of the Act on Welfare of Persons with Disabilities was amended by Act No. 15904 on December 11, 2018, and Article 59-1 and (2) of the Act on Welfare of Persons with Disabilities stipulates that the period of employment restriction on welfare facilities for the disabled shall be differentiated within the extent of 10 years for each Defendant in consideration of the seriousness of each offense and the risk of recidivism when the court sentenced the punishment for an individual sex offense case, and Article 2 of the Addenda of the above Act on the amendment provides that Article 59-3 of the Addenda of the above Act shall also apply to persons who committed sex offenses before June 12, 2019 and who did not receive final and conclusive judgment. In this regard, the part of the Defendant case in the judgment of the court below shall no longer be maintained.

B. As long as the defendant and the prosecutor have lodged an appeal against the prosecuted case, it shall be deemed that the case of the request for probation order under Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders has also been filed.

However, there is no legitimate reason for appeal on the petition of appeal or the statement of reasons for appeal submitted by the defendant and the prosecutor, and even after examining the records, there is no reason to reverse this part ex officio.

3. As such, the part of the judgment of the court below concerning the defendant's case is reversed, and the arguments are made, without examining the defendant's and the prosecutor's assertion of unfair sentencing regarding the part concerning the defendant's case, under Article 364 (2) of the Criminal Procedure Act.