강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
A sexual assault treatment program for 40 hours is provided to the defendant.
1. Summary of grounds for appeal (the defendant and the prosecutor): Imprisonment with prison labor for six months, completion of sexual assault treatment programs 40 hours, and exemption from employment restrictions);
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 same Act shall apply to persons who have committed a sex offense and failed to obtain a final and conclusive judgment prior to the enforcement thereof. Of the facts charged in this case, some of the charges in this case are sex offenses and need to deliberate on whether to issue an employment restriction order simultaneously with a judgment setting a period of employment restriction pursuant to Article 59-3(1) of the Welfare of Disabled Persons Act.
The judgment on the employment restriction order under Article 59-3 (1) of the Welfare of Disabled Persons Act is an incidental disposition to be sentenced simultaneously with the conviction of a sex offense case, and all of the judgment below should be reversed even if there is no error in the remaining defendant's case, so the entire judgment of the court below
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is reversed and it is again decided as follows.
[The reasons for the judgment of multiple times] crime and crime.