특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal: the defendant did not have the sexual organ of the victim in mistake of facts and sentencing.
The punishment is too heavy (the fine of 3 million won). 2. Determination
A. 1) Determination on the grounds of appeal 1) According to the evidence duly adopted and examined by the court below on the judgment of mistake of facts, the facts of indecent act by compulsion in the judgment can be acknowledged, and there is no illegality in mistake of facts. 2) The defendant committed the crime in the state of deception of unfair sentencing, there is no current income after childbirth (20 December 2018), there is no record of criminal punishment in the past, but there is no record of criminal punishment in the past. However, there is a need to reflect the defendant seriously, there is no express explanation of the victim, and even if there are two conditions of sentencing under Article 51 of the Criminal Act, the sentence of the court below may be determined as stipulated within the discretionary scope, and there is no unreasonable and unjust.
B. Determination of ex officio: (a) Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective from June 12, 2019) provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or from providing employment or actual labor to welfare facilities for a given period not exceeding 10 years; but the same shall apply to a sex offense case where the risk of recidivism is remarkably low or any other special circumstance that prevents employment restriction exists.
However, Article 2 of the Addenda to the above Amendment provides that Article 59-3 of the above Amendment provides that a person who has committed a sex offense and has not received a final and conclusive judgment prior to its enforcement shall also be subject to the above Amendment Act, so this Court shall also apply the above Amendment Act. Therefore, this Court shall issue an employment restriction order to