The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

1. The sentencing of the court below is too inappropriate.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

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), which was enforced on June 12, 2019, provides that when a court issues a sentence of imprisonment or medical treatment and custody for sex crimes, it shall, by judgment, issue an order to prohibit the operation of welfare facilities for persons with disabilities or the employment or actual labor in welfare facilities for persons with disabilities during the employment restriction period (hereinafter referred to as “order to restrict employment”) in the same manner as the judgment of a sex offense case is rendered: Provided, That in cases where the risk of recidivism is considerably low or where there are other special circumstances that prohibit the restriction on employment, an employment restriction order may not be issued

Meanwhile, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities ( December 11, 2018) provides that “The amended provisions of Article 59-3 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received a final and conclusive judgment.”

Therefore, when a sentence is imposed for the sex offense of this case, Article 59-3 of the Act on Welfare of Persons with Disabilities.