준강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
A sexual assault treatment program for 40 hours is provided to the defendant.
1. Summary of the grounds for appeal and the sentencing (a fine of five million won is imposed in the original trial);
2. Ex officio determination
A. On November 28, 2018, the Defendant had been sentenced to six months of imprisonment and two years of suspended execution due to quasi-indecent act by force at the Jeju District Court on November 28, 2018. The judgment became final and conclusive on December 6, 2018.
However, since each crime in the judgment of the court below is in the concurrent relationship between the quasi-indecent act committed by force and the crime committed by force under the latter part of Article 37 of the Criminal Act, a sentence should be imposed at the same time taking into account the equality in the case where the judgment is
B. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective June 12, 2019) provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order to prohibit the operation of welfare facilities for the disabled or the employment or actual labor to the welfare facilities for the disabled from being employed for a certain period not exceeding 10 years, on condition that the court issues an employment restriction order to prevent the disabled from being employed or having been employed for the welfare facilities for the disabled from being employed for a certain period not exceeding 10 years. However, in cases where the risk of recidivism is considerably low or
In addition, Article 2 of the Addenda to the above amended Act provides that the amended provisions of Article 59-3 shall also apply to a person who has committed a sex offense and has not received final and conclusive judgment prior to its enforcement, and the above amended Act shall also apply to this case, so the judgment of the court below shall no longer be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the following decision is made again after hearing, on the ground of ex officio reversal.
[The reasons for the judgment of multiple times] criminal facts and the summary of evidence are recognized.