성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
The judgment below
The part of the defendant's case and the part of the case for attachment order shall be reversed.
Defendant
(b).
1. As to the part of the Defendant case, the lower court sentenced the Defendant case’s conviction and the attachment order as to the part regarding which the request for the attachment order was made, and sentenced the prosecutor’s request for the probation order was dismissed.
As the defendant and the respondent for an attachment order (hereinafter "defendant") have appealed, the part of the judgment below regarding the case of probation order in the judgment below is without a benefit of appeal.
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below's request for probation order is excluded from the scope of trial of this court. Thus, the scope of trial of this court is limited to the part of the judgment below's case
2. The summary of the grounds for appeal (it is improper for the lower court to issue a five-year disclosure and notification order and an attachment order) to the Defendant and to issue an attachment order for the ten-year period.
3. Determination
B. Part 1 of the Defendant’s case is ex officio to consider the judgment on the grounds for appeal on this part of the Defendant’s ground for appeal. Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904, Dec. 11, 2018, constitutes “sex crime” in both of the sex offenses against children and juveniles or sex offenses against adults.
(3) The term “period of restriction on employment” means the period during which a person who has been finally and conclusively sentenced to medical treatment and custody is unable to operate welfare facilities for disabled persons or provide them with employment or actual labor services to welfare facilities for disabled persons (hereinafter “period of restriction on employment”).
10 years have been set uniformly.
However, Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 and enforced from June 12, 2019, is a period of employment restriction when the court declares punishment or medical treatment and custody for sexual crimes.