강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for 100 hours.
1. Summary of grounds for appeal;
A. 1) The defendant's assertion 1) Since the defendant is a same-sex defendant, there was no indecent act against the female victim M, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts.
B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.
2. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) uniformly limits employment to welfare facilities for persons with disabilities for ten years from the date on which the execution of a sentence or medical treatment and custody is completed, suspended, or exempted, in whole or in part, for a sex offense against adults or sex offense against children or juveniles, or for whom the sentence or medical treatment and custody is finalized, but Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “amended Act”) amended by Act No. 15904, Dec. 11, 2018; and enforced as of June 11, 2019 (hereinafter “former Act”), unlike the previous provision, where the court issues an order for restriction on employment of persons with disabilities to the welfare facilities for persons with disabilities for a fixed period of time and, at the same time, did not provide for special circumstances to determine the risk of re-offending or otherwise restrict employment.
Meanwhile, Article 3 of the Addenda to the amended Act on Welfare of Persons with Disabilities provides that "The amended Act of Article 59-3 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment."
For the reasons indicated in its reasoning, the lower court found the Defendant guilty of the crime of indecent act by compulsion.
However, Article 59-3 of the revised Act on Welfare of Persons with Disabilities applies to this case and the defendant is restricted to employment.