강간치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
Sexual assault, 40 hours against the defendant.
The summary of the grounds for appeal (unfair punishment) by the lower court shall be excessively unreasonable.
Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that a person who was finally and conclusively sentenced to punishment or medical treatment and custody for sexual crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex crimes against children and juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "sexual crimes") shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period during which the operation, employment or actual labor is prohibited (hereinafter referred to as "employment restriction period") shall be 10 years from the date on which the execution of all or part of such punishment or medical treatment and custody is terminated, suspended or exempted.
Unlike the previous provisions, Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereafter in force on June 12, 2019; hereinafter referred to as “the Act on Welfare of Persons with Disabilities”) provides, unlike the former provisions, that where a court issues a sentence of imprisonment or medical treatment and custody for sex offenses, it shall simultaneously issue an order to operate welfare facilities for persons with disabilities or to prevent them from providing employment or actual labor to persons with welfare facilities for persons with disabilities (hereinafter referred to as “order to restrict employment”) for a fixed period not exceeding ten years, on condition that the same shall not apply to cases where the risk of recidivism is remarkably low or where
On the other hand, Article 2 of the Addenda of the same Act (amended on 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 final judgment.
Among the crimes of this case, the crime of rape, quasi-indecent act by compulsion constitutes sexual crimes, which is revised as above.