성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal each unfair sentencing (in cases of an original appeal, a fine of up to 5 million won, 40 hours for completing sexual assault treatment programs, confiscation, and three years for restriction on employment);
2. Ex officio determination
A. The ground for the first destruction: Article 1(1) of the Criminal Act in violation of the principle of law at the time of an act requires the establishment of a crime and punishment to be governed by the law at the time of the act, and since the time of occurrence of the facts charged in the instant case on May 16, 2018, the applicable law to the Defendant is Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018).
Nevertheless, the lower court erred in applying Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; Amended by Act No. 17264, May 19, 202) to the above facts charged, which is disadvantageous to the Defendant compared to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.
Therefore, the judgment of the court below cannot be maintained as it is.
B. Grounds for reversal 2: Article 59-3(1) and (2) of the Welfare of Disabled Persons Act (amended by Act No. 15904, Dec. 11, 2018; Act No. 15904, Jun. 12, 2019; Act No. 1550, Jun. 12, 2019) provides that where a court issues a sentence of imprisonment or medical treatment and custody for sex offense, it shall simultaneously issue an employment restriction order to prohibit the operation of welfare facilities for disabled persons or the employment or actual labor in welfare facilities for disabled persons for a certain period not exceeding 10 years; however, it may not issue an employment restriction order in cases where the risk of recidivism is considerably low or where it is deemed that
However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act shall also apply to a person who has committed a sex offense before the enforcement and has not received a final and conclusive judgment, and the above amended Act shall also apply to this case.