The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

For the defendant.

1. The lower court rendered a judgment of conviction on the part of the Defendant case and rendered a judgment dismissing the prosecutor’s request regarding the part regarding which the request for attachment order was filed, and only the Defendant appealed.

Therefore, the scope of this court's adjudication is limited to the defendant case.

2. The summary of the grounds for appeal is that the sentence of the lower court (limited to four years of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of order of employment restriction) is too unreasonable.

3. 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; hereafter in force 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, suspended 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 and enforced 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 shall, in its judgment, issue an order to prevent the operation of welfare facilities for persons with disabilities, or the suspension or exemption of the execution of all or part of the sentence or medical treatment and custody (hereinafter “employment restriction period”) from providing employment or actual labor to welfare facilities for a certain period from the date on which the execution of the sentence or medical treatment and custody is completed, or suspended or exempted (hereinafter “employment restriction order”), simultaneously with the judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low