강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight 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 trials, eight months of imprisonment, two years of suspended execution, 40 hours of taking the sexual assault treatment courses, 2 years of restriction on employment);
2. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018, and enforced from June 12, 2019, 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 to prevent persons with disabilities from operating welfare facilities, or from providing employment or actual labor to persons with welfare facilities for a given period not exceeding 10 years, but shall not issue an employment restriction order in cases where the risk of recidivism is significantly low or any other special circumstance that does not restrict employment exists.
However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act provides that the above amended Act shall also apply to persons who have committed sex offenses and have not received final and conclusive judgments prior to its enforcement, so the above amended Act shall also apply. In this regard, the judgment of the court below shall 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 allegation of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.
[Discied Reasons for the judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment with labor;
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. Matters concerning orders to attend lectures or orders to provide community service for the protection of children and juveniles against sexual traffic;