아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault against the defendant for 80 hours.
1. In full view of the following facts: (a) the summary of the grounds for appeal: (b) the Defendant recognized the facts charged as a whole; (c) the Defendant’s growth process, family environment; and (d) there are family members to support the Defendant; and (c) economicly imminent circumstances; and (d) the lower court sentenced the Defendant to five years of imprisonment; (d) 80 hours of order; (e) 10 years of disclosure and notification order; and (e) 10 years of employment restriction
2. We examine ex officio before determining the grounds for appeal by the defendant.
Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018 and enforced on June 12, 2019) stipulates that a person who has been finally determined to be sentenced to punishment or medical treatment and custody by sex offense is unable to operate a welfare facility for persons with disabilities, or to provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period of restriction on employment, etc. “10 years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated or exempted.”
However, unlike the previous provisions, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “Amended Act on Welfare of Persons with Disabilities”) which was amended by Act No. 15904, Dec. 11, 2018 and enforced June 12, 2019 (hereinafter “the Act on Welfare of Persons with Disabilities”) where a sentence of imprisonment or medical treatment and custody is imposed for a sex offense, the court shall, in its judgment, issue an order to prevent the operation of welfare facilities for persons with disabilities, or the provision of employment or actual labor at welfare facilities for a certain period from the date when the execution of all or part of the sentence or medical treatment and custody is terminated or suspended (hereinafter “employment restriction period”), concurrently with the judgment of a sex offense case: Provided, That where the risk of re-offending is significantly low or other special circumstances that prevent the restriction on employment exist.