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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the fine of KRW 4,00,000 and the order to complete a sexual assault treatment program 40 hours) declared by the court below is too unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court on the Defendant’s assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, comprehensively taking into account the records and arguments, the sentence imposed by the lower court appears to have been appropriately determined by fully taking account of all the circumstances, including various sentencing grounds asserted by the Defendant, and no special circumstance exists to the extent that the sentence of the lower court would change.
Therefore, the defendant's assertion that the sentencing of the court below is improper is without merit.
B. 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, 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 referred to as “sexual crimes”), which became final and conclusive after having been sentenced to an ex officio decision on the order of restrictions on employment under the Act on Welfare of Persons with Disabilities, stipulates that no person may operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly set the period during which the person is unable to provide operation, employment or actual labor (hereinafter referred to as “period of restrictions on employment”).
However, Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 and enforced June 12, 2019, and Article 59-3 of the Act on Welfare of Persons with Disabilities, and Article 59-1 of the Act on Welfare of Persons with Disabilities, where the court declares