The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (such as a fine of five million won, etc.) of the lower court is too unhued and unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances such as the Defendant’s failure to take advantage of the victim are deemed to have been reflected in the sentencing of the lower court.

In full view of various circumstances, including Defendant’s age, character and conduct, environment, motive, means and consequence of a crime, and circumstances that form the conditions for the instant pleadings and the records, as the new sentencing materials have not been submitted in the trial of the political party, there is no change in the conditions of sentencing compared with the original judgment, and in full view of the court below’s age, character and conduct, environment, motive, means and consequence of a crime, the circumstances after a crime

B. Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which uniformly prescribed the employment restrictions on welfare facilities for persons with disabilities for the ten-year period for children, juveniles, or persons sentenced to the ex officio determination on an employment restriction order under the Act on Welfare of Persons with Disabilities, was amended by Act No. 15904, Dec. 11, 2018; and Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, upon sentence of a punishment for an individual sex offense case, the court has set a different period of employment restrictions within a ten-year period in consideration of the risk of recidivism (hereinafter “Amended Act on Welfare of Persons with Disabilities”); Article 2 of the Addenda (Act No. 15904, Dec. 11, 2018) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904) provides that “The amended provisions of Article 59-3 shall also apply to persons who have committed sex crimes before June 12, 2019.

Therefore, as amended Act on Welfare of Persons with Disabilities enters into force after the sentence of the lower judgment, it is subject to adults, children, and juveniles.