The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

80 hours per the defendant.

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court against the Defendant (unfair punishment) (one year and six months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. We examine ex officio the judgment on the grounds for appeal by the defendant and prosecutor.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter “Act on Welfare of Persons with Disabilities”) stipulates that a person who was sentenced to imprisonment or medical treatment and custody for a sex offense against children or juveniles or sex offense against adults (hereinafter “sex offense”) is unable to operate a welfare facility for persons with disabilities or provide them with employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period during which it is impossible to provide their operation, employment or actual labor (hereinafter “employment restriction period”).

However, in cases where the court declares a sentence of imprisonment or a medical treatment and custody due to a sex offense, which was amended by Act No. 15904, Dec. 11, 2018, and enforced as of June 12, 2019, it shall, by judgment, issue an order to operate welfare facilities for the disabled or not to provide employment or actual labor to the welfare facilities for the disabled (hereinafter referred to as "order to restrict employment") at the same time as the judgment of the sex offense case is rendered: Provided, That in cases where the risk of re-offending is considerably low or any other special circumstances that prevent the restriction on employment exist, the employment restriction order may not be issued, and Article 59-3(1) provides that the employment restriction period shall not exceed ten years.

Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended on December 11, 2018) provides for the revision of Article 59-3 of the Act on Welfare of Persons with Disabilities.