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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment and two years of suspended sentence) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; Act No. 15904; Act No. 5904, Dec. 11, 2018; Act No. 5944, Apr. 19, 2011; Act No. 5955, Apr. 1, 2011; Act No. 5944, Apr. 1, 201; Act No. 5955, Apr. 1,
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 “order to restrict employment”) in addition to a judgment on a sex offense case: Provided, That in cases where the risk of recidivism is considerably low, or where it is deemed that there are other special circumstances that prohibit the restriction on employment, the employment restriction order may not be issued, and
Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities ( December 11, 2018) provides that "The amended provisions of Article 59-3 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received a final judgment."
The instant facts charged constitute a sex offense, and thus, whether the employment restriction period is determined pursuant to Article 59-3(1) of the Act on Welfare of Persons with Disabilities and is simultaneously sentenced to an employment restriction order.