성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1 did not commit an indecent act against the victim. Nevertheless, the lower court erred by recognizing that the Defendant committed an indecent act against the victim on the grounds of the statement of the victim who was neither unreasonable nor consistent. 2) The lower court’s punishment (2 years of suspended sentence of June, 200, 80 hours of attending the sexual assault treatment lecture, 80 hours of community service order, and 3 years of employment restriction order) against the Defendant is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. We examine ex officio the judgment on the grounds for appeal by the defendant and prosecutor.
Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904), effective June 12, 2019, provides that where the court declares a sentence of imprisonment or medical treatment and custody for a sex offense, the court shall make an order (hereinafter referred to as "employment restriction order") to operate welfare facilities for persons with disabilities or to prohibit them from providing employment or actual labor to welfare facilities for a certain period from the date such punishment or medical treatment and custody is completely or partially terminated, suspended or exempted (where a fine is sentenced, the date on which the punishment becomes final and conclusive). The proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) provides that the same shall not apply to cases where the risk of recidivism
In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that “The Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense and has not been finally and conclusively determined prior to the enforcement of the Act on Welfare of Persons with Disabilities.”
The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes falls under a sex offense to which Article 59-3 (1) of the said Act applies, and this court shall do so.