성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
The judgment below is reversed and the case is remanded to Seoul High Court.
1. As to the grounds of appeal on the part of the Defendant case, the lower court convicted the Defendant of the instant facts charged on the grounds as stated 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 determination on part of an employment restriction order for welfare facilities for disabled persons;
A. (1) Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (Amended by Act No. 15904, Dec. 11, 2018); (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (referring 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 subparagraph 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter referred to as “sexual crimes”) provides that a person who was finally and conclusively sentenced to imprisonment or medical treatment and custody by committing sex offenses (referring to sexual crimes under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; hereinafter referred to as “sexual crimes”) shall not
(2) The Constitutional Court ruled that the previous provisions that uniformly impose restrictions on employment for 10 years on the basis of the records of sex crimes infringe on the freedom to choose occupation without any exception.
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 restrict employment 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.