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(영문) 의정부지방법원 2020.04.09 2019노282

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Imposition of a fine of five million won or more, or order to complete a program (40 hours or more);

2. Determination as to the argument during the period of sentencing can be considered. However, considering the fact that the defendant led to the confession of the crime and the fact that the defendant was the first offender without the same kind of force at an open place, the victim who committed an indecent act should be seriously criticized. The victim's test did not have been used until now, and other conditions of sentencing under Article 51 of the Criminal Act are equally taken into account, the sentencing of the court below is acceptable, and the defendant's assertion is unreasonable.

3. 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) amended to ex officio determination (Exemption from an employment restriction order for welfare facilities for 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 to prohibit persons with disabilities from operating welfare facilities or providing them with employment or actual labor for welfare facilities for a certain period not exceeding 10 years; however, the same shall apply to a sex offense case where the risk of recidivism is remarkably low or where it is determined that there are special circumstances not restricting employment, such order may not be issued.

However, Article 2 of the Addenda to the above Amendment provides that Article 59-3 of the above Amendment provides that a person who has committed a sex offense and has not received a final and conclusive judgment prior to its enforcement shall also be subject to the above Amendment Act, so this case shall also be subject to the above Amendment Act. Thus, this court shall determine whether to issue or exempt an employment restriction order to

The extent and expected side effects of the defendant's entry due to the employment restriction order, the age of the defendant, the previous and present circumstances, the environment, the contents and motive of the crime, the method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant.