준유사강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The information on the accused shall be disclosed for a period of five years.
1. Summary of grounds for appeal;
A. Although the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed an indecent act against the victim, such as misunderstanding of facts, etc., by drinking the victim’s chests and part of the drinking part, the victim did not put the Defendant’s sexual organ into the victim’s entrance.
Nevertheless, the court below found all of the facts charged in this case guilty. In so doing, the court below erred by misunderstanding of facts or misunderstanding of legal principles.
B. The lower court’s sentencing is too excessive and unreasonable.
C. It is unreasonable for the court below to order the disclosure and notification of the information on the defendant for five years, despite special circumstances that the disclosure and notification of the personal information of the improper defendant of the disclosure notification order should not be disclosed or notified.
It is unfair that the court below issued an employment restriction order to the defendant for five years against the child and juvenile-related institutions, etc.
E. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for five years, although there is no risk of recidivism of sexual crime against the defendant who was improper in issuing an attachment order.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person who was finally determined as having been sentenced to a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children or juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crime”) shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide operation, employment or actual labor (hereinafter referred to as “employment restriction period”) for ten years.
However, it was amended by Act No. 15904, Jun. 12, 2019.