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(영문) 서울고등법원 2019.09.05 2019노1424
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable on the grounds that the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant 1”)’s sentencing is too unreasonable. 2) Although there are special circumstances under which disclosure and notification order should not be disclosed, it is unreasonable to order the lower court to disclose and notify the Defendant’s information for three years.

3) It is unreasonable for the lower court to order the Defendant’s employment restriction for five years against the child and juvenile-related institutions, etc. to impose an unfair sentencing order. B. 1) The lower court’s sentencing is too unjustifiable.

2. It is improper that the court below dismissed the request for the attachment order of this case, although the defendant who was improper to dismiss the request for the attachment order of this case was found to have committed a sexual crime on at least two occasions, and thus,

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

1) Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904, Dec. 11, 2018 refers to a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual crime”).

A) A person for whom a sentence of imprisonment or medical treatment and custody has become final and conclusive is prescribed in a uniform manner to prevent the operation of welfare facilities for persons with disabilities or the provision of employment or actual labor to welfare facilities for persons with disabilities (hereinafter referred to as “period of restriction on employment”).

10 years have been set uniformly.

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 a sentence or medical treatment and custody

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