성폭력범죄의처벌등에관한특례법위반(장애인강간)등
1. The part of the judgment below regarding the defendant's case shall be reversed.
2. The defendant shall be punished by imprisonment with prison labor for six years;
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request to attach an attachment order
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part regarding the request for attachment order is excluded from the scope of the trial of this court.
2. The summary of the grounds for appeal (six years of imprisonment) by the lower court is too unreasonable;
(3) The defendant alleged that there was an error of mistake of facts in the judgment of the court below, but withdrawn the above argument on the first day of this court).
Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which uniformly provides for employment restrictions on persons who were sentenced to punishment for sex offenses against children, juveniles, or adults, shall be amended by Act No. 15904 on December 11, 2018, and Article 59-3 (1) and (2) of the Act on Welfare of Persons with Disabilities, which provides for the employment restrictions on persons with disabilities for the period of ten years, shall be set at a different period of employment restrictions for each accused of each case within the extent of ten years in consideration of the seriousness of each offense and the risk of recidivism, etc., and where special circumstances are determined, the amended provision of Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities, which stipulates that the Act on Welfare of Persons with Disabilities, which provides for the employment restrictions on persons with disabilities for the period of ten years, shall also apply to persons who have committed sex offenses before June 12, 2019, which is the enforcement date of the Act on Welfare of Persons with Disabilities. In this regard
4. Accordingly, the judgment of the court below on the defendant's case has the above reasons for ex officio reversal.