성폭력범죄의처벌등에관한특례법위반(강간등살인)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for fifteen years.
One belt (No. 3) seized shall be confiscated.
The summary of the grounds for appeal (unfair sentencing) asserts that the original court’s imprisonment (15 years of imprisonment, etc.) is too unreasonable, and the prosecutor asserts that it is too unreasonable.
Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that no person who has been finally and conclusively sentenced to punishment or medical treatment and custody for sexual crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex crimes against children and juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "sexual crimes") shall operate welfare facilities for persons with disabilities, or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that the period during which the operation, employment or actual labor is prohibited (hereinafter referred to as "employment restriction period") shall be 10 years from the date on which the execution of all or part of the punishment or medical treatment and custody is completed, suspended or exempted
Unlike the previous provisions, Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereafter in force on June 12, 2019; hereinafter referred to as “the Act on Welfare of Persons with Disabilities”) provides that, in cases where the court issues a sentence of imprisonment or medical treatment and custody for sex offenses, it shall impose an order to operate welfare facilities for persons with disabilities or to prohibit persons with disabilities from providing employment or actual labor at welfare facilities for persons with disabilities (hereinafter referred to as “order to restrict employment”) for a fixed period not exceeding ten years, and the same shall not apply to cases where the risk of recidivism is remarkably low, or where it is deemed that there
Article 2 of the Addenda of the same Act (amended on December 11, 2018) provides that the amended provisions of Article 59-3 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.
The crime of this case is committed.