성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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 three years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and the sentencing (in cases of original trial, one year of imprisonment, three years of suspended execution, 40 hours of taking the sexual assault treatment course, confiscation and five years of restriction on employment);
2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.
Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective from June 12, 2019; hereinafter referred to as “Act on Welfare of Persons with Disabilities”) 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 that prohibits persons with disabilities from operating welfare facilities or providing employment or actual labor to welfare facilities for a certain period not exceeding 10 years, but shall not issue an employment restriction order in cases where the risk of re-offending is considerably 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 amended Act shall also apply to a person who has committed a sex offense and has not received a final and conclusive judgment prior to its enforcement, and the above amended Act shall also apply to this case.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.
[Discied Reasons for the judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. 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) concerning criminal facts
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62(1) of the Criminal Act: