성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
1. Summary of grounds for appeal by prosecutor;
A. The punishment (two months of imprisonment, two years of suspended execution, etc.) sentenced by the court below as to the accused case is too unhutiled and unfair.
B. As to the request for attachment order, the judgment of the court below shall be reversed, and when the judgment of the suspension of execution is reversed, it shall be determined whether the Defendant and the person subject to the request for attachment order (the following shall be recorded as the Defendant) have an attachment order issued by the court below. The Defendant constitutes a sex offender at least twice, and the risk of recidivism has been proved, and the attachment order should be issued.
2. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by the following) stipulates that a person, who has been sentenced to punishment or medical treatment and custody due to sex offense, cannot operate a welfare facility for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period for which it is impossible to operate, work, or provide actual labor into “ten years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated, suspended or exempted.”
However, unlike the previous provision, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereafter “former Act on Welfare of Persons with Disabilities” in this paragraph), which was amended by Act No. 15904, Dec. 11, 2018 and enforced June 12, 2019 (hereinafter “former Act on Welfare of Persons with Disabilities”) where a court issues a sentence of imprisonment or medical treatment and custody for sex offense, it shall, by a judgment, issue an order to prevent the operation of welfare facilities for persons with disabilities or the actual provision of labor for persons with disabilities for a certain period from the date when the execution of all or part of the sentence or medical treatment and custody is terminated, suspended or exempted (hereinafter “employment restriction period”), and simultaneously issue an order to prevent employment of welfare facilities for persons with disabilities or to provide actual labor for persons with disabilities (hereinafter “employment restriction order”). However, the same shall apply where