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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for three years.
The defendant shall be 40 hours.
Reasons
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case for attachment order and probation order when it rendered a judgment of conviction on the part of the defendant’s case, and the part of the case for which the attachment order and probation order are applied is appealed only by the defendant, and there is no benefit of appeal
Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the scope of inquiry by this court is limited to the part of the defendant's case among the judgment below, and the part of the request for attachment order and probation order is excluded
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 3 years, 40 hours order, and 5 years restriction order) of the lower court is too unreasonable.
3. The main sentence of 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) provides that where a court sentences a person to "sexual crimes" (referring to sexual crimes defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles defined in Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse), orders to operate welfare facilities for a certain period or to prohibit them from providing employment or actual labor in welfare facilities for disabled persons shall be sentenced simultaneously with a judgment of a sex offense case, and the proviso to the above provision provides that the same shall not apply to cases where the risk of recidivism is significantly low or where the employment is restricted.
Meanwhile, according to Article 2 of the Addenda to the above Act, 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 final judgment.
The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is applicable.