강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts merely committed a normal tension with the victim, and did not commit an indecent act against the victim.
Nevertheless, the lower court erred by misapprehending the facts, thereby having found the Defendant to have committed an indecent act by force.
B. The lower court’s sentence against the Defendant on unreasonable sentencing (six months of imprisonment, 80 hours of order to complete a sexual assault treatment program, 2 years of employment restriction order) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904), effective June 12, 2019, provides that where the court declares a sentence of imprisonment or medical treatment and custody for a sex offense, the court shall make an order (hereinafter referred to as "employment restriction order") to operate welfare facilities for persons with disabilities or to prohibit them from providing employment or actual labor to welfare facilities for a certain period from the date such punishment or medical treatment and custody is completely or partially terminated, suspended or exempted (where a fine is sentenced, the date on which the punishment becomes final and conclusive). The proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) provides that the same shall not apply to cases where the risk of recidivism
In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that “The Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense and has not been finally and conclusively determined prior to the enforcement of the Act on Welfare of Persons with Disabilities.”
The crime of indecent act by compulsion falls under a sex offense to which Article 59-3(1) of the above Act applies, and this court should determine whether to issue or exempt an employment restriction order to the defendant pursuant to Article 59-3(1) of the above Act.
The criminal method of the defendant appearing in the records of this case,