The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed for a period of five years.

1. Summary of grounds for appeal;

A. The punishment (five years of imprisonment) imposed by the lower court by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court in the part of the Defendant’s case is too unfasible and unreasonable. 2) Even if the Defendant could recommit a sexual crime, the lower court’s dismissal of the Defendant’s request for an attachment order of a location tracking device is unreasonable.

2. Determination

A. The main text of Article 29-3(1) of the Child Welfare Act (amended by Act No. 1589, Dec. 11, 2018; effective June 12, 2019) provides that, where the court issues a sentence for a child abuse-related crime, it shall impose an order to operate a child-related institution for a certain period or not to provide employment or actual labor to a child-related institution simultaneously with a judgment on a child abuse-related crime case. The proviso to Article 2(1) of the aforementioned Act provides that, where the risk of recidivism is significantly low or any other special circumstance is determined that the employment should not be restricted. According to Article 2(1) of the Addenda to the above Act, the amended provisions of Article 29-3 of the Act on Special Cases Concerning the Protection of Children and Juveniles from Sexual Abuse shall also apply to a person who has committed a child abuse-related crime before this Act enters into force and has not been finally determined. In addition, Article 29-3(1) of the Act on Special Cases Concerning the Protection of Children and Juveniles from Sexual Abuse (referring to Act No. 292).

When sentence is imposed, an order to operate welfare facilities for persons with disabilities or to prevent them from providing employment or actual labor to welfare facilities for persons with disabilities for a certain period.