강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of the grounds for appeal and the sentencing (in cases of original trial, six months of imprisonment, two years of suspended execution, 40 hours of taking the sexual assault therapy, and 120 hours of community service;
2. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018; and enforced from June 12, 2019; when 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 prevent persons with disabilities from operating welfare facilities, or from providing employment or actual labor to welfare facilities for a given period not exceeding 10 years; however, if the risk of recidivism is considerably low or any other special circumstance exists, it shall not issue an employment restriction order.
However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act shall also apply to a person who has committed a sex offense and has not received a final and conclusive judgment prior to its enforcement, and the above amended Act shall also apply to this case.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the following is again decided after oral argument.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures and order to provide community service is Article 62-2 of the Criminal Act, Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes