아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for three years.
80 hours per the defendant.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case for which the request for attachment order was filed while rendering a judgment of conviction on the part of the defendant’s case, and the only defendant appealed therefrom, and thus, there is no benefit of appeal regarding the part
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the scope of trial of this Court is limited to the part of the defendant's case of the judgment below, and the part of the case of request for attachment order
2. Summary of grounds for appeal;
A. The lower court’s sentencing is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant to restrict employment for 10 years at child and juvenile-related institutions, etc.
3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person who was finally determined as having been 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 referred to as “sexual crime”) shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide operation, employment or actual labor (hereinafter referred to as “employment restriction period”) for ten years.
However, Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 and enforced June 12, 2019, and Article 59-3 of the Act on Welfare of Persons with Disabilities, and Article 59-1 of the Act on Welfare of Persons with Disabilities, where the court declares punishment or medical treatment and custody for sex crimes,