beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the lower court’s punishment (a fine of KRW 5 million, order to complete a sexual assault treatment program 40 hours, confiscation) is too unreasonable.
2. Ex officio determination
A. The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective June 12, 2019; hereinafter “amended Act”) provides that where the court imposes a sex offense (referring to a sexual crime defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children and juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse) and imposes an order to operate welfare facilities for a certain period or not to provide employment or actual labor at welfare facilities for disabled persons simultaneously with the judgment of a sex offense case. The proviso to the said provision provides that the same shall not apply to cases where the risk of recidivism is remarkably low or where the employment of disabled persons is restricted or where there are other special circumstances that do not restrict.
In addition, the above provision shall also apply to a person who has committed a sex offense and has not received a final judgment prior to the enforcement of the amended Act (Article 2 of the Addenda to the amended Act).
The instant facts charged are subject to Article 59-3(1) of the amended Act, which was enforced after the sentence of the lower judgment, due to a sex crime committed on September 14, 2018, prior to the enforcement of the amended Act, and thus, it is necessary to issue a sentence to the Defendant, and at the same time examine and determine whether to issue an employment restriction order and the period thereof.
C. However, in light of the Defendant’s age, occupation, existence of the history of punishment for sex offense, the content and motive of the crime, the method and consequence of the crime, seriousness of the crime, etc., it is determined that there is a special circumstance that does not significantly lower the risk of re-offending or restrict employment pursuant to the proviso of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.