성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
[Defendant A] The defendant shall be punished by imprisonment for eight months.
provided that this ruling has become final and conclusive.
1. The summary of the grounds for appeal (for defendant A, 8 months of imprisonment, 2 years of suspended sentence, 40 hours of order to attend a course, 3 years of suspension of employment, 10 months of imprisonment, 2 years of suspended execution, 40 hours of order to attend a course, 3 years of restriction on employment, 1 year of suspended execution, 2 years of suspended execution, 40 hours of order to place employment, 3 years of order to place employment, 40 hours of order to place employment, 3 years of restricted employment, 40 hours of order
2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) (amended by Act No. 15904), effective as of June 12, 2019, provides that where the court issues a sentence of imprisonment or medical treatment and custody for sex offense, the court shall, by judgment, order the operation of welfare facilities for persons with disabilities or the provision of actual labor to persons with disabilities for a certain period from the date on which the execution of the sentence or medical treatment and custody is terminated, suspended or exempted (where a fine is sentenced, the date on which the sentence becomes final and conclusive) or the execution thereof is suspended or exempted (hereinafter referred to as “order to restrict employment”) to be sentenced simultaneously with a judgment on a sex offense case, and the proviso to Article 59-3(1)
In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that Article 59-3(1) of the Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense before the enforcement of the Act and has not been finally determined.
The crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes falls under a sex offense to which Article 59-3(1) of the said Act applies, and thus, this court shall decide on whether to issue or exempt an employment restriction order to the Defendants.
Considering the method and attitude of the crime appearing in the instant records, the relationship between the Defendants and the victim, and the circumstances before and after the crime, etc., the risk of repeating the crime is significantly low or otherwise low.