성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (the imprisonment of one year, the completion of sexual assault treatment programs for 40 hours, the restriction on employment for 3 years, the forfeiture of subparagraph 1) is too unreasonable;
2. Ex officio determination
A. We examine the defendant's grounds for appeal ex officio prior to the judgment.
B. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereafter in force from June 12, 2019; hereinafter referred to as “Act on Welfare of Persons with Disabilities”) provides that an employment restriction order shall be issued simultaneously with a judgment on a sex offense case in which the court is unable to operate welfare facilities for a certain period of time or to provide employment or actual labor to welfare facilities for persons with disabilities for a certain period of not more than 10 years, but where the risk of re-offending is considerably low or there are other special circumstances that need not restrict employment, such order may not be issued.
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.
C. Meanwhile, the lower court applied Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to the crime of Article 14(1) of the judgment below.
However, Article 14(1) of the current Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) provides that Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “Special Cases Concerning the Punishment, etc.”) (amended by Act No. 15977, Dec. 18, 2018; hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”).