The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Children and juveniles for three years against the defendant.

1. In light of the following: (a) the summary of the grounds for appeal: (b) the Defendant and the person subject to a request to attach an electronic tracking device (hereinafter “Defendant”) paid a criminal agreement to the victim during the instant trial proceeding; (c) the victim was the Defendant’s wife by agreement with the victim and the victim; (d) the Defendant’s exemplary life and maintained a friendly relationship with his mother, including her mother; and (e) the comprehensive assessment of the risk of recidivism of sex crimes is “half times”, the sentence of the lower court that sentenced the Defendant for ten months is too unreasonable; and (e) the measures of the lower court that issued an order to attach an electronic tracking device for three years are excessive.

2. We examine ex officio before determining the grounds for appeal by the defendant.

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018 and enforced on June 12, 2019) stipulates that a person who has been finally determined to be sentenced to punishment or medical treatment and custody by sex offense is unable to operate a welfare facility for persons with disabilities, or to provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period of restriction on employment, etc. “10 years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated or exempted.”

However, unlike the previous provisions, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “former Act on Welfare of Persons with Disabilities”) which was amended by Act No. 15904, Dec. 11, 2018, effective June 12, 2019 (hereinafter “former Act on Welfare of Persons with Disabilities”) where a sentence of imprisonment or medical treatment and custody is imposed for a sex offense, the court orders to prevent the operation of welfare facilities for persons with disabilities or the provision of actual labor for persons with disabilities for a certain period from the date when the execution of all or part of the sentence or medical treatment and custody is terminated or suspended (hereinafter “employment restriction period”).