성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of three million won and a year of employment restriction order) is too unhued and unreasonable.
2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) (amended by Act No. 15904), effective as of June 12, 2019, provides that where the court issues a sentence of imprisonment or medical treatment and custody for sex offense, the court shall, by judgment, order the operation of welfare facilities for persons with disabilities or the provision of actual labor to persons with disabilities for a certain period from the date on which the execution of the sentence or medical treatment and custody is terminated, suspended or exempted (where a fine is sentenced, the date on which the sentence becomes final and conclusive) or the execution thereof is suspended or exempted (hereinafter referred to as “order to restrict employment”) to be sentenced simultaneously with a judgment on a sex offense case, and the proviso to Article 59-3(1)
In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that Article 59-3(1) of the Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense before the enforcement of the Act and has not been finally determined.
The offense of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes falls under a sex offense to which Article 59-3(1) of the same Act applies, and thus, the court shall decide whether to issue or exempt an employment restriction order to the accused.
Considering the method and attitude of the crime indicated in the instant records, the relationship between the Defendant and the victim, the circumstances before and after the crime, etc., there is no special circumstance that does not significantly lower the risk of recidivism or restrict employment.
On the other hand, the court of this case should issue an employment restriction order to the defendant at the same time with the judgment of this case, which is erroneous in the judgment below.