성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the sentence imposed by the court below (a prison term of one year and six months, a period of three years under suspension of execution, a period of 160 hours, and a course of providing community service and a course of providing sexual assault treatment for 40 hours) is too uneasible and unreasonable
Ex officio (order to restrict employment) examines the reasons for the prosecutor's appeal ex officio.
Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for a sex offense against children, juveniles, or adults, shall be amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the same Act provides that Article 3 of the Addenda to the above Act provides that the court shall determine the period of restriction on employment to be differentiated for each accused of each case in consideration of the severity of the offense, the risk of recidivism, etc., and Article 56 of the same Act provides that Article 56 of the same Act shall apply to persons who committed a sex offense before July 17, 2018, which is the date of the enforcement of the above Act and who have not been finally determined.
Article 56 of the amended Act applies to the crime of indecent conduct by force against persons with disabilities of this case by falling under “a sex offense against adults.”
Therefore, at the same time with the judgment of this case, the judgment of the court below was unable to maintain the order of restriction on employment of the defendant.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
【Grounds for the Judgment of the Court for Criminal Procedure】 The facts constituting a crime and the summary of the evidence recognized by the court for criminal facts and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, it is true by Article 369 of the Criminal Procedure Act.