성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The information on the accused shall be disclosed for a period of five years.
1. Summary of grounds for appeal (Defendant case);
A. misunderstanding of facts 1) With respect to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant and the person requesting an attachment order (hereinafter “Defendant”)
(2) With respect to the fraud of the instant case involving the victim D and the victim D, there is no fact that the Defendant attempted to make payments without knowing the excess credit card limit after issuing an additional order to the 2018 Gohap205, the Defendant did not deceiving the victim F. However, the lower court’s sentence of unfair sentencing (a 3 years and 6 months of imprisonment) is too unreasonable.
2. Determination on the defendant's case
A. As to the Defendant’s assertion of mistake of facts, the Defendant and his defense counsel also asserted the same purport as the grounds for appeal in this part of the judgment below, the lower court rejected all the above assertion by clearly explaining the judgment on the above assertion in detail in the “judgment on the Defendant and the defense counsel
Examining the circumstances established by the court below based on the evidence duly admitted and investigated by the court below in light of the records, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the defendant.
Therefore, this part of the defendant's argument is without merit.
(b) Ex officio determination on an employment restriction order (related to the enforcement of the amended Act on Welfare of Persons with Disabilities) 1. The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018 and went into effect on June 12, 2019, refers to sexual crimes (referring to sexual crimes under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and sex offenses against children and juveniles under Article 2(2) of the Act
(2) When a court declares a sentence of imprisonment or medical treatment and custody.