성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of the grounds for appeal and the sentencing (in the case of original trial, a fine of four million won, 40 hours after completing a sexual assault treatment program, and confiscation);
2. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018, and enforced from June 12, 2019, provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order to prevent persons with disabilities from operating welfare facilities, or from providing employment or actual labor to persons with welfare facilities for a given period not exceeding 10 years, but shall not issue an employment restriction order in cases where the risk of recidivism is significantly low or any other special circumstance that does not restrict employment exists.
However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act provides that the above amended Act shall also apply to persons who have committed sex offenses and have not received final and conclusive judgments prior to its enforcement, so the above amended Act shall also apply. In this regard, the judgment of the court below shall no longer be maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.
[Discied Reasons for the judgment of the court] Summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment of the court below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the choice of imprisonment with prison labor, etc.
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Confiscation Article 48(1)1 of the Criminal Act