The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (2 million won of a fine and 40 hours of completion of a sexual assault treatment program) of the lower court is deemed to be too unhued and unreasonable.

2. Determination

A. In light of the following: (a) no particular change in the sentencing conditions compared to the lower court’s determination on the assertion of unfair sentencing; and (b) considering the various sentencing conditions stated in the records and arguments of this case, the lower court’s punishment is deemed unfair. Therefore, the Prosecutor’s aforementioned assertion is

B. We examine ex officio determination on whether to issue an employment restriction order.

Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018, effective June 12, 2019, shall issue an order to operate welfare facilities for persons with disabilities, or to prohibit employment or actual labor in welfare facilities for persons with disabilities (hereinafter referred to as "order to restrict employment") for a specific period from the date on which the execution of all or part of such punishment or medical treatment and custody is terminated or suspended (hereinafter referred to as "period of restriction on employment") is suspended or the execution of such punishment or medical treatment and custody is suspended by a court for sex crime (referring to a sex crime defined in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex crime against children or juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse). However, if the risk of recidivism is remarkably low or any special circumstance that does not restrict employment exists, the court may not issue an employment restriction order, taking into account the risk of the employment restriction period not exceeding ten years.

On the other hand, the revised Act on Welfare of Persons with Disabilities was amended on 2018.