The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unjustifiable and unreasonable.

B. The lower court’s improper decision ordering the Defendant to be placed on employment for five years in child and juvenile-related institutions, etc. is too short and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person finally determined by a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children or juveniles (hereinafter “sexual crime”) under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide operation, employment or actual labor (hereinafter “period of restriction on employment”) shall be 10 years.

However, Article 59-3 of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Jun. 12, 2019), which was enforced on June 12, 2019, provides that when a court issues a sentence of imprisonment or medical treatment and custody for sex crimes, it shall, by judgment, issue an order to prohibit the operation of welfare facilities for persons with disabilities or the employment or actual labor in welfare facilities for persons with disabilities during the employment restriction period (hereinafter referred to as “order to restrict employment”) in the same manner as the judgment of a sex offense case is rendered: Provided, That in cases where the risk of recidivism is considerably low or where there are other special circumstances that prohibit the restriction on employment, an employment restriction order may not be issued

Meanwhile, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018) provides that "the amended provisions of Article 59-3 are sex offenses before this Act enters into force."