The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below on unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

B. It is improper to order an improper defendant to complete a sexual assault treatment program for 40 hours.

(c) It is improper to issue an employment restriction order to a criminal defendant who has improper employment restrictions to an institution, etc. related to children and juveniles for three years;

2. We examine the grounds for appeal prior to the judgment.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person who was finally determined as having been sentenced to 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 children or juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crime”) shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide operation, employment or actual labor (hereinafter referred to as “employment restriction period”) for ten years.

However, Article 59-3 of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Jun. 12, 2019; hereinafter “former Act on Welfare of Persons with Disabilities”) provides that where the court issues a sentence of imprisonment or medical treatment and custody for sex offenses, it shall, by judgment, issue an order to operate welfare facilities for persons with disabilities or not to provide employment or actual labor to persons with welfare facilities for persons with disabilities during the employment restriction period (hereinafter “order to restrict employment”) at the same time as the judgment of a sex offense case: Provided, That where the risk of recidivism is considerably low or any other special circumstance that does not restrict employment exists, such order may not be issued, and the employment restriction period under paragraph (2) provides that the employment restriction period shall not exceed ten years.