성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
The sentence against the accused shall be determined by a fine of two million won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts did not have the intent or awareness that the defendant photographs the victim's chest with his intent to cause sexual humiliation or shame of shame.
In addition, the confessions made by the police by inducing or forcing the defendant who sustained the injury during the arrest process in a coercive atmosphere is illegal since it is not voluntary.
Nevertheless, the judgment of the court below which pronounced the defendant guilty is erroneous in the misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (including a fine of four million won, etc.) is too heavy.
2. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter “former Act on Welfare of Persons with Disabilities”) limits ex officio the operation of welfare facilities for persons with disabilities or employment in welfare facilities for 10 years from the date on which the execution of all or part of such punishment or medical treatment and custody is terminated, suspended or exempted, or the execution of such punishment or medical treatment and custody is suspended or exempted uniformly, but Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (hereinafter “former Act on Welfare of Persons with Disabilities”) was amended by Act No. 15904, Dec. 11, 2018 and enforced as of June 12, 2019; and simultaneously, Article 59-3(1) of the same Act on Welfare of Persons with Disabilities (including a summary order), unlike the previous provision, where a court declares the employment restriction order for persons with disabilities or medical treatment and custody for persons with a fixed period of employment restriction.
Meanwhile, Article 2 of the Addenda to the revised Act on Welfare of Persons with Disabilities is "The amended Act of Article 59-3 is a sex offense before this Act enters into force.