성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The punishment imposed by the lower court (one year and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of restriction on employment, confiscation, 11, 717, 320 won additional collection) is too unreasonable.
B. The sentence imposed by the Prosecutor (one year and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of restriction on employment, confiscation, 11, 717, 320 won additional collection) is too uneased and unreasonable.
2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) (amended by Act No. 15904), effective as of June 12, 2019, provides that where the court issues a sentence of imprisonment or medical treatment and custody for sex offense, the court shall, by judgment, order the operation of welfare facilities for persons with disabilities or the provision of actual labor to persons with disabilities for a certain period from the date on which the execution of the sentence or medical treatment and custody is terminated, suspended or exempted (where a fine is sentenced, the date on which the sentence becomes final and conclusive) or the execution thereof is suspended or exempted (hereinafter referred to as “order to restrict employment”) to be sentenced simultaneously with a judgment on a sex offense case, and the proviso to Article 59-3(1)
In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that Article 59-3(1) of the Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense before the enforcement of the Act and has not been finally determined.
The crime of aiding and abetting the Defendant in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes falls under a sex offense to which Article 59-3(1) of the aforesaid Act applies, and thus, the court shall decide whether to issue or exempt an employment restriction order to the Defendant.
Considering the method and attitude of the crime appearing in the records of this case, the relationship between the defendant and the victim, the circumstances before and after the crime, etc., the defendant is likely to repeat the crime.