공연음란
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. When a mistake of fact is time, the Defendant was only engaged in an obscene act as stated in the facts charged, and did not have any obscene act as stated in the facts charged.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. Even if the conviction of an unreasonable sentencing is recognized, the punishment imposed by the lower court (one million won of fine, 40 hours of order to complete a sexual assault treatment program, 1 year of employment restriction order) is too 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 public performance and obscenity in this case constitutes a sex offense to which Article 59-3(1) of the above Act applies, and this court shall decide on whether to issue or exempt an employment restriction order to the defendant.
The method and attitude of the crime appearing in the records of this case, and the defendant.