The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of five million won, an order to complete a sexual assault treatment program 40 hours) is too unhued and unreasonable.

Judgment

There is no change in the terms and conditions of sentencing compared with the original judgment because new data on sentencing have not been submitted in the trial of the prosecutor’s assertion. In full view of all the reasons for sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentencing was too unfied and exceeded the reasonable scope of discretion.

According to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018, and enforced on June 12, 2019, Article 59-3(1) of the Act on Welfare of Persons with Disabilities also applies to a person who has committed a sex offense before the enforcement of the Act, and has not been finally and conclusively determined, the court shall examine and determine whether to issue an order on employment restriction to a person with disabilities to the defendant and the period of employment restriction

In light of the following: (a) the Defendant’s age, the risk of recidivism, family environment, social relationship, the details and motive of the crime, the method and consequence of the crime; (b) the degree and expected side effects of the Defendant’s disadvantage due to the employment restriction order; (c) the prevention and effect of the sex offense that may be achieved therefrom; and (d) the effect of the protection of victims, etc., there are special circumstances where the employment restriction order for welfare facilities for the disabled should not be imposed; (b) the lower court did not issue an employment restriction order for welfare facilities for the disabled pursuant to the proviso of

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.