강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the point of indecent act by compulsion) by Defendant 1) did not see the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. We examine ex officio the judgment on the grounds for appeal by the defendant and prosecutor.
Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904), effective June 12, 2019, provides that where the court declares a sentence of imprisonment or medical treatment and custody for a sex offense, the court shall make an order (hereinafter referred to as "employment restriction order") to operate welfare facilities for persons with disabilities or to prohibit them from providing employment or actual labor to welfare facilities for a certain period from the date such punishment or medical treatment and custody is completely or partially terminated, suspended or exempted (where a fine is sentenced, the date on which the punishment becomes final and conclusive). The proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) provides that the same shall not apply to cases where the risk of recidivism
In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that “The Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense and has not been finally and conclusively determined prior to the enforcement of the Act on Welfare of Persons with Disabilities.”
The crime of indecent act by compulsion of this case constitutes a sex offense to which Article 59-3(1) of the above Act applies, and this court is under Article 59-3(1) of the above Act.