성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. Defendant 1 did not commit an indecent act against the victim, such as misconception of facts. Nevertheless, the lower court’s judgment convicting the Defendant of the instant facts charged on the grounds of the victim’s statement without credibility is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The lower court’s sentencing is too unreasonable.
3) It is unreasonable for the lower court to order the Defendant’s employment restriction for five years against the child and juvenile-related institutions, etc. to impose an unfair sentencing order. B. 1) The lower court’s sentencing is too unjustifiable and unfair.
2 Taking into account the circumstances leading up to the crime of this case, method, content of the crime, risk of recidivism, etc., it is improper for the court below to exempt the defendant from the disclosure and notification order of personal information.
2. Determination
A. We examine ex officio the judgment on the grounds for appeal by the defendant and the prosecutor prior to the judgment.
Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person who was finally determined by a sentence of 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 referred to as “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 their operation, employment or actual labor (hereinafter referred to as “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, can operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities