beta
(영문) 서울고등법원 2019.09.20 2019노1467

강제추행등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The court below’s scope of trial is to render a judgment of conviction on the part of the defendant’s case, and to dismiss the prosecutor’s request on the part of the request for probation order. Since only the defendant appealed, there is no benefit of appeal on the part of the request for probation

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the scope of inquiry by this court is limited to the part of the defendant's case among the judgment below, and the part of the request for probation order is excluded from the scope of

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended sentence) that the court below sentenced to the defendant is too unreasonable.

3. The grounds for appeal by the defendant ex officio are examined ex officio before the judgment is made.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person who was finally and conclusively sentenced to a sexual crime defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children and juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crime”) shall neither operate welfare facilities nor provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period during which it is impossible to provide operation, employment or actual labor (hereinafter referred to as “period of employment restriction”).

However, Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, and Article 59-3 of the Act on Welfare of Persons with Disabilities, which was enforced on June 12, 2019, does not order the court to prevent the operation of welfare facilities for persons with disabilities or the actual labor of welfare facilities for persons with disabilities during