특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault, 40 hours against the defendant.
Summary of Grounds for Appeal
Defendant
At the time of committing the instant crime, the Defendant, under the influence of alcohol, was in a state of lacking or lose the ability to discern things or make decisions.
The sentence of the court below that sentenced the defendant to the imprisonment of one year, the completion of sexual assault treatment programs for 40 hours, and the restriction on employment for two years is too unreasonable.
The sentence of the court below by the prosecutor is too unhued and unreasonable.
Judgment
It is examined ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.
Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereafter in force on June 12, 2019) stipulates that a person who was finally determined by having been sentenced to punishment or medical treatment and custody due to sex offense is unable to operate welfare facilities for persons with disabilities, or to provide employment or actual labor to persons with welfare facilities for persons with disabilities, and uniformly sets the period of restriction on employment, etc. “10 years from the date on which the execution of all or part of such punishment or medical treatment and custody is terminated, suspended or exempted”
However, unlike the previous provisions, Article 59-3(1) of the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018, effective June 12, 2019 (hereinafter “amended Act on Welfare of Persons with Disabilities” hereafter in this paragraph), where a person imposes a penalty or medical treatment and custody for a sex offense, the court shall, in its judgment, issue an order to operate welfare facilities for persons with disabilities or to prevent them from providing employment or actual labor at welfare facilities for a certain period (hereinafter “employment restriction period”) from the date when the execution of the sentence or medical treatment and custody is completed or suspended or exempted (hereinafter “employment restriction order”), concurrently with the judgment of the sex offense case: Provided, That this shall not apply where the risk of re-offending is significantly low or where the special circumstances that prevent the restriction on employment exist.