성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for 80 hours.
1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
Article 59-3 (1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, December 11, 2018 and effective from June 12, 2019, shall be sentenced simultaneously with a judgment on a sex offense case where a court issues a punishment or medical treatment and custody for sex offenses (referring to a sex offense defined in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children and juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse) to prohibit the operation of welfare facilities for a specific period or the employment or actual labor in welfare facilities for the disabled for a period not exceeding 10 years, but an employment restriction order may not be issued in cases where the risk of recidivism is remarkably low or where there are other special circumstances in which the employment restriction is not limited.
However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the same Act shall also apply to a person who has committed a sex offense and has not received a final and conclusive judgment prior to its enforcement, so the above amended Act shall also apply to this case. Therefore, the judgment of the court below which did not decide whether to issue an employment restriction order or to exempt the defendant under the Act on Welfare of Persons with Disabilities was no longer maintained.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court】 Facts constituting a crime and summary of evidence recognized by the court.