강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds of appeal (two million won of fine) is unreasonable as it is excessively unreasonable.
2. According to Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the amended provision of Article 59-3 of the Act on Welfare of Persons with Disabilities, which was enforced on June 12, 2019, applies to a person who has committed a sex offense before the said Act enters into force and has not received a final and conclusive judgment. Therefore, whether the Defendant who committed a sex offense prior to the enforcement of the said Act is subject to an order of restriction on employment and the period of restriction on employment should
However, the above employment restriction order is an incidental disposition that is sentenced simultaneously with a conviction of a sex offense case, and even if there is no error in the remaining part of the judgment below, the judgment of the court below cannot be maintained any longer.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, which omitted the judgment on the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The grounds for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) are the primary offenders, and the lower court has agreed with the victims, and there is a special reason to change the sentencing after the lower judgment.