The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The sentence of the lower court (the fine of KRW 10 million, the order to complete a sexual assault treatment program 80 hours, and the three years of the employment restriction order, such as children and juveniles-related institutions, etc.) is too unfluent and unfair.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter the same shall apply) of the Act on Welfare of Persons with Disabilities (referring to sexual crimes under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter the same shall apply) has uniformly restricted employment in welfare facilities for persons with disabilities for ten years from the date on which the execution of punishment or medical treatment and custody was completed, suspended or exempted.

However, Article 59-3(1) 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 a court may choose a period of restriction on employment (However, the period shall not exceed 10 years pursuant to paragraph (2) of the same Article; hereinafter the same shall apply) and, at the same time, order a person with disabilities to restrict the employment, etc. to a person with disabilities when it decides that the risk of recidivism is remarkably low or that there are other special circumstances for not restricting employment.

In addition, Article 2 of the Addenda to the same Act provides that the amended provisions of Article 59-3 above shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.

As such, as Article 59-3 of the amended Act on Welfare of Persons with Disabilities applies to this case, the defendant who committed sexual crimes prior to the enforcement of the above Act shall be tried as to whether to issue an order of restriction on employment under the above Act and the period of restriction on employment under the above Act. The court below shall determine the charges