성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment below is reversed, and the case is remanded to the Jeonju District Court.
1. The grounds of appeal concerning the accused case are examined.
The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
2. Ex officio determine an employment restriction order for welfare facilities for disabled persons;
1) The amendment of Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) shall be made to sexual crimes under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, or sex offenses against children and juveniles under Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crimes”).
) A person for whom a final and conclusive sentence of punishment or medical treatment and custody has been issued shall not be able to operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities for ten years from the date on which the execution of the sentence or medical treatment and custody has been terminated or exempted (hereinafter “previous provision”).
2) The Constitutional Court ruled that the previous provision imposing the employment restriction of 10 years uniformly on the basis of the past records of sex crimes infringes on the freedom of occupation selection.
(See Constitutional Court Order 2015Hun-Ma915, Jul. 28, 2016). Accordingly, according to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “amended Act”) amended by Act No. 15904, Dec. 11, 2018 (hereinafter “amended Act”), where a court issues a sentence or medical treatment and custody due to a sex offense, it shall operate welfare facilities for persons with disabilities, or provide employment for welfare facilities for persons with disabilities, for a certain period from the date when the execution of all or part of the sentence or medical treatment and custody is terminated or suspended (hereinafter “employment restriction period”).