성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that this judgment.
1. The summary of the grounds for appeal (the period of a suspended sentence of two years and six months) declared by the court below is too unhutiled and unfair.
2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes stipulates that persons who were sentenced to punishment for sexual crimes under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual offenses”) are uniformly provided for the employment restrictions
However, 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 Jun. 12, 2019, provides that where the 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 not exceeding 10 years or provide employment or actual labor to welfare facilities for the disabled, but shall not issue an employment restriction order in the event of a sex offense case.
Article 2 of the Addenda to the above amended Act provides that the amended provisions of Article 59-3 shall also apply to a person who has committed a sex offense before the enforcement and has not received a final and conclusive judgment, and the above amended Act shall also apply to this case.
Therefore, the part of the judgment of the court below that did not issue an employment restriction order or decide whether to exempt the defendant from employment under the Act on Welfare of Persons with Disabilities was no longer maintained.
3. Probation and electronic devices against specific criminal offenders, as a prosecutor filed an appeal against a prosecuted case regarding a request for attachment order or a request for probation order.