The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal and the sentencing (in the case of an original trial, a fine of five million won, and 40 hours after completing a sexual assault treatment program);

2. Determination

A. In light of the determination of the Defendant’s claim for sentencing and light, it cannot be deemed that the sentence of the lower court is too unreasonable in light of the following circumstances: (a) the Defendant had a great sense of shameed for the victim by taking pictures of sexual intercourse with the victim; (b) the Defendant was not responsible for not receiving the victim’s statements; (c) the Defendant was a minor at the time of committing the crime; (d) the Defendant had no record of criminal punishment in the past; and (e) the Defendant’s age, character, conduct and environment, etc. were considered.

B. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective from Jun. 12, 2019) amended to ex officio determination (exemption from employment restriction) provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or from providing employment or actual labor to persons with disabilities for a certain period not exceeding 10 years; however, such order may not be issued in cases where the risk of re-offending is considerably low or where special circumstances that prevent them from restricting employment exist.

However, Article 2 of the Addenda to the above Amendment provides that Article 59-3 of the above Amendment provides that a person who has committed a sex offense and has not received a final and conclusive judgment prior to its enforcement shall also be subject to the above Amendment Act, so this case shall also be subject to the above Amendment Act. Thus, this court shall determine whether to issue or exempt an employment restriction order to

The defendant's age, age, existence of criminal records, family environment, social relationship, details and motive of the crime, method and consequence of the crime, employment restriction order.