The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

except that from the date of this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and 40 hours ordered to complete sexual assault treatment programs) of the lower court is too unreasonable.

2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter “Act on Welfare of Persons with Disabilities”) stipulates that a person who was finally and conclusive by having been sentenced to a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sexual crime”) is unable to operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a period during which the person is unable to provide operation, employment or actual labor (hereinafter “period of restriction on employment”) is set at ten years uniformly.

However, in cases where the court declares a sentence of imprisonment or a medical treatment and custody due to a sex offense, which was amended by Act No. 15904, Dec. 11, 2018, and enforced as of June 12, 2019, it shall, by judgment, issue an order to operate welfare facilities for the disabled or not to provide employment or actual labor to the welfare facilities for the disabled (hereinafter referred to as "order to restrict employment") at the same time as the judgment of the sex offense case is rendered: Provided, That in cases where the risk of re-offending is considerably low or any other special circumstances that prevent the restriction on employment exist, the employment restriction order may not be issued, and Article 59-3(1) provides that the employment restriction period shall not exceed ten years.

Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended on December 11, 2018) provides that the amended provisions of Article 59-3 of the Act on Welfare of Persons with Disabilities shall also apply to a person who has committed a sex offense before this Act enters into force and has not received a final judgment.

Therefore, when a sentence is imposed for the sex offense of this case, an employment restriction order is issued by setting the employment restriction period pursuant to Article 59-3(1) of the Welfare of Disabled Persons Act.