성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
The judgment of the court below is reversed.
Defendant
A and B Imprisonment with prison labor for three years and six months, and Defendant C with prison labor for two years and six months, and Defendant D.
1. Summary of grounds for appeal;
A. The sentencing of each of the above Defendants A and B by the lower court is too unreasonable.
B. The prosecutor 1) misunderstanding of legal principles (defendant A, B, and D) Article 60(2) of the Juvenile Act Article 60(2) of the Juvenile Act (unlawful sentence) 2 of the Juvenile Act can be mitigated when it is deemed reasonable in light of the characteristics of the juvenile. Whether the juvenile is subject to the application of Article 60(2) of the Juvenile Act should be determined based on the date of the decision of the fact-finding court. However, the court below erred by applying Article 60(2) of the Juvenile Act to Defendant A, B, and D, who do not correspond to the juvenile under the Juvenile Act based on the time of the decision of the court below, mitigated each sentence against the above Defendants by applying Article 60(2) of the Juvenile Act.
2. We examine ex officio the judgment on the grounds for appeal by the defendant A, B, and prosecutor prior to the judgment on the grounds for appeal.
A. Article 59-3(1) of the Act on Welfare of Persons with Disabilities, prior to the amendment by Act No. 15904, Dec. 11, 2018, stipulates that a person who was sentenced to a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children or juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual crime”) shall not be able to operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide operation, employment or actual labor (hereinafter “employment restriction period”).
However, Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 and enforced June 12, 2019, and Article 59-3 of the Act on Welfare of Persons with Disabilities, and Article 59-1 of the Act on Welfare of Persons with Disabilities, where the court issues a sentence of imprisonment or medical treatment and custody for sex crimes