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(영문) 서울고등법원 2019.08.23 2019노1339

준강간

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; Act No. 15904; Act No. 5904, Dec. 11, 2018; Act No. 5944, Apr. 19, 2011; Act No. 5955, Apr. 1, 2011; Act No. 5944, Apr. 1, 201; Act No. 5955, Apr. 1,

However, Article 59-3 of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Jun. 12, 2019), which was enforced on June 12, 2019, provides that when a court issues a sentence of imprisonment or medical treatment and custody for sex crimes, it shall, by judgment, issue an order to prohibit the operation of welfare facilities for persons with disabilities or the employment or actual labor in welfare facilities for persons with disabilities during the employment restriction period (hereinafter “order to restrict employment”) in addition to a judgment on a sex offense case: Provided, That in cases where the risk of recidivism is considerably low, or where it is deemed that there are other special circumstances that prohibit the restriction on employment, the employment restriction order may not be issued, and

Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities ( December 11, 2018) provides that "The amended provisions of Article 59-3 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received a final judgment."

Where a sentence is imposed due to the crime of rape or injury resulting from sexual crimes in this case, an employment restriction order shall be issued simultaneously with a judgment on the period of employment restriction pursuant to Article 59-3 (1) of the Welfare of Disabled Persons