성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court is too unreasonable;
2. It shall be examined whether ex officio grounds for reversal are subject to or exempted from an employment restriction order under the Act on the Protection of Children and Juveniles against Sexual Abuse and Welfare of Disabled Persons Act.
A. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) provides that “The amended provisions of Article 56 shall apply to the first person who has committed a sex offense against children or juveniles or adults and on whom punishment becomes final and conclusive after this Act enters into force: Provided, That the previous provisions shall apply to the crimes before this Act enters into force,” and Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018) provides that “The amended provisions of Article 56 shall also apply to persons who have committed a sex offense before this Act enters into force and have not been final and conclusive judgment.” According to Article 56 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), where a court sentence or medical treatment and custody for a sex offense against children or juveniles for a certain period.
B. Furthermore, according to Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018; and enforced June 21, 2019, 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 to welfare facilities for a given period not exceeding 10 years with a judgment of a sex offense case; however, there are special circumstances where the risk of recidivism is remarkably low, or where employment is not restricted.