성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
The judgment of the court below is reversed.
A defendant shall be punished by a fine of four million won for each crime as stated in the judgment of the court of first instance.
1. Whether the first and second judgments of the court below in accordance with the consolidated proceedings are reversed (negative), the arguments in each appeal case against the first and second judgments of the court below were combined, but the first and second judgments of the court below sentenced the suspension of the execution of imprisonment, and the second and second judgments of the court below sentenced the suspension of the execution of imprisonment respectively. In case where the types of the sentence sentenced by the court below are different, the appellate court may maintain the concurrent punishment if the court below decided that the sentence of each kind of punishment is appropriate and the sentence of each kind of punishment is the same, and the same kind of punishment is not necessarily to be sentenced. Thus, the judgment of the court below as to the defendant's appeal against the first and second judgments of the court below is not reversed ex officio, on
2. The summary of the grounds for appeal (the punishment of the court below shall be KRW 5 million, the completion of the sexual assault treatment program, the punishment of the court below shall be four months, the suspension of execution of one year, and community service hours).
3. Determination
A. We examine ex officio the judgment of the court below on the first instance (it is necessary to judge the employment restriction order of welfare facilities for the disabled) prior to the determination on the defendant's appeal against the judgment of the court below.
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; hereinafter referred to as “Act on Welfare of 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 that prohibits persons with disabilities from operating welfare facilities or providing employment or actual labor to welfare facilities for a certain period not exceeding 10 years, but shall not issue an employment restriction order in cases where the risk of re-offending is considerably low or any other special circumstance that does not restrict employment exists.
However, Article 2 of the Addenda to the above amended Act is a sex offense before it enters into force.