The judgment below

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

A defendant shall be punished by imprisonment for six years.

The defendant shall be 40 hours.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the accused case’s conviction, attachment order, and probation order request.

As to this, the defendant and the respondent for the attachment order and the respondent for the probation order only (hereinafter “defendants”), the part regarding the request for the attachment order and the probation order is excluded from the scope of the judgment of this court, notwithstanding the provisions of Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal.

2. The sentence imposed by the lower court (six years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that persons who were sentenced to punishment for sexual crimes under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual crimes”) are uniformly subject to employment restrictions on persons with disabilities for the ten-year period.

However, Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018 and enforced from Jun. 12, 2019, provides that where the court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall not issue an employment restriction order to operate welfare facilities for a specific period not exceeding 10 years or provide employment or actual labor to welfare facilities for the disabled, but shall not issue an employment restriction order in the event of a sex offense case.

Article 2 of the Addenda to the above amended Act, the amended provisions of Article 59-3, commits sex offenses before the enforcement.