성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and the sentencing (in cases of original trials, six months of imprisonment, two years of suspended execution, 80 hours of taking the sexual assault treatment courses, and confiscation);
2. Ex officio determination
A. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; Act No. 15904, Jun. 12, 2019; Act No. 1550, Jun. 12, 2019; hereinafter “Act on Welfare of Persons with Disabilities”) provides that, when a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or from providing employment or actual labor to welfare facilities for a certain period not exceeding ten years; however, the same shall apply to a sex offense case where the risk of recidivism is significantly low
However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act provides that the above amended Act shall also apply to persons who have committed sex offenses and have not received final and conclusive judgments prior to its enforcement, so the above amended Act shall also apply. In this regard, the judgment of the court below shall no longer be maintained.
B. Violation of the legal principle as to the specification of the facts charged 1) Summary of the facts charged [the fact of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc. Using Cameras, etc.) posted on March 12, 2017 and the fact of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) posted on November 12, 2016 and posted on March 20:24, 2017]
1. On March 12, 2017, the Defendant, at L in Seoul located in 2016, taken six parts, such as panty panty of women, whose names cannot be known by the Defendant’s cell phone, and posted the above Defendant’s obscene site (E) as “M,” a photograph of women’s body and body taken by the Defendant at the above Defendant’s home.
2. The Defendant is from the infinite distance between November and December, 2016 to the south-si of the Gyeonggi-do.