The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and by a fine of three million won.

Defendant .

1. The summary of the grounds for appeal (the imprisonment of 10 months, completion of sexual assault treatment programs, restriction on employment, Defendant B’s fine of 3 million won, completion of sexual assault treatment programs, and one year of employment restriction) declared by the lower court is too unreasonable.

2. An ex officio determination of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereafter in June 12, 2019, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (referring to a sexual crime defined in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children and juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter the same shall apply) provides that where a court declares a sex crime (referring to a sex crime defined in subparagraph 2 of Article 2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Crimes; hereinafter the same shall apply), it shall issue an order to prohibit the operation of welfare facilities for persons with disabilities, or employment or actual labor at welfare facilities for persons with disabilities during the employment restriction period (hereinafter referred to as “employment restriction order” in the following) and shall not issue an employment

Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended on December 11, 2018) provides that the amended provisions of Article 59-3 of the Act on Welfare of Persons with Disabilities shall also apply to a person who has committed a sex offense before this Act enters into force and has not received a final judgment.

Therefore, when a sentence is imposed for the sex offense of this case, it is necessary to examine and judge whether the employment restriction period is imposed simultaneously with the judgment on the employment restriction order according to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

The judgment on an employment restriction order under Article 59-3 (1) of the Welfare of Disabled Persons Act is an incidental disposition to be rendered simultaneously with the conviction of a sex offense case, and is the remainder of the judgment below.