성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) recognize that the Defendant committed an indecent act against the victim as described in this part of the facts charged, but did not recognize that the victim was a intellectual disability, and did not assault and threaten the victim to the extent that it is considerably difficult for the victim to resist.
Nevertheless, the judgment of the court below which found the defendant guilty of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in this case is erroneous or erroneous.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
C. It is unreasonable for the lower court to order employment restriction to child and juvenile-related institutions, etc. for three years.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
Where there is no change in the punishment even after the change in the law after the crime has been committed, the method of action shall be applied in accordance with Article 1 (1) of the Criminal Act.
The lower court found the Defendant guilty of violating the Act on the Protection and Support of Missing Children, etc., among the facts charged in the instant case, applied Articles 17 and 7 of the current Act on the Protection and Support of Missing Children, etc. (amended by Act No. 14886, Sept. 19, 2017; hereinafter “current Act on the Protection and Support of Missing Children, etc.”).
However, Article 17 of the former Act on the Protection and Support of Missing Children, etc. (amended by Act No. 14886, Sep. 19, 2017; Act No. 14924, Oct. 24, 2017) provides that "a person who, without good cause, has violated Article 7 and has used personal location information for any purpose other than the recovery of a missing child, etc. in violation of Article 9 (4) shall be punished by imprisonment for not more than five years or by not more than 50,00 won.