The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for three months and by imprisonment for two crimes as stated in the judgment of the court.

1. Summary of grounds for appeal;

A. Defendant 1) The fact that he had been consulted at the time with respect to the fact of interference with the mistake of facts, but the court below found Defendant 1 guilty of this part of the facts charged because he did not interfere with the business by means of abusive language as stated in the facts charged in this case. The court below erred in the misapprehension of facts. 2) The court below sentenced the decision of unfair sentencing (2 months of imprisonment with prison labor for the crime No. 1, 4 months of imprisonment with prison labor for the crime No. 2 of this case, and 3 years of employment restriction order) is too unreasonable.

B. The punishment sentenced by the prosecutor (two months of imprisonment with prison labor for the crime No. 1, and four months of imprisonment with prison labor for the crime No. 2 in the holding, and three years of employment restriction order) is too uneased and unreasonable.

2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) (amended by Act No. 15904), effective as of June 12, 2019, provides that where the court issues a sentence of imprisonment or medical treatment and custody for sex offense, the court shall, by judgment, order the operation of welfare facilities for persons with disabilities or the provision of actual labor to persons with disabilities for a certain period from the date on which the execution of the sentence or medical treatment and custody is terminated, suspended or exempted (where a fine is sentenced, the date on which the sentence becomes final and conclusive) or the execution thereof is suspended or exempted (hereinafter referred to as “order to restrict employment”) to be sentenced simultaneously with a judgment on a sex offense case, and the proviso to Article 59-3(1)

In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that Article 59-3(1) of the Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense before the enforcement of the Act and has not been finally determined.

The public performance and obscenity of this case constitutes a sex offense to which Article 59-3(1) of the above Act applies.