성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
The judgment below
The part of the defendant's case shall be reversed.
Defendant
A Imprisonment with prison labor for four years and for six years, respectively.
1. The court below rendered a judgment of dismissal of the prosecutor’s request regarding the part on which the request for attachment order against the Defendants was filed and the part on which the request for probation order was filed, while rendering a judgment of conviction on the part on the defendant’s case, and since only the Defendants appealed, there is no benefit of appeal as to the part on which
Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the scope of inquiry by this court shall be limited to the part of the defendant's case among the judgment below, and the part of the request for attachment order and the request for probation
2. Summary of grounds for appeal;
A. The sentencing of Defendant A is too inappropriate.
B. Defendant B (1) The Defendant did not recognize the circumstance that the victim had mental disability at the time of the instant case due to a mistake of facts and a lack of intellectual ability or recognition ability. Nevertheless, the lower court’s judgment convicting this part of the facts charged is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The sentencing of the lower court is too unreasonable.
3. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.
A. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides 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”) may not be able to operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities in a uniform manner so that he/she may not provide operation, employment or actual labor.