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(영문) 수원지방법원 2019.07.04 2019노1379

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The decision shall be made ex officio prior to the judgment on the grounds for appeal as to an order for employment restriction;

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that “The term “ten years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated, suspended or exempted” is uniformly prescribed as “the term “ten years from the date on which the execution of the punishment or medical treatment and custody is terminated, or the execution of the punishment or medical treatment and custody is suspended or exempted.”

However, Article 59-3(1) of the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018; and enforced June 12, 2019 (hereinafter “amended Act on Welfare of Persons with Disabilities” in this paragraph), unlike the previous provisions, where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall not issue an employment restriction order to operate welfare facilities for a specific period (hereinafter “employment restriction period”) or to prohibit the employment or actual labor of welfare facilities for a disabled person for a specific period from the date when the execution of the sentence or medical treatment and custody is terminated or suspended or exempted (including a summary order; hereafter the same shall apply in this paragraph) (hereinafter referred to as “the date when the sentence of a fine becomes final and conclusive”), but it may not issue an employment restriction order in cases where the risk of repeating a crime is remarkably low, or where it is deemed that there are any special circumstances not to restrict employment.