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(영문) 의정부지방법원 2020.03.26 2019노1763
준강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of the grounds for appeal and the sentencing (in the case of original trial, six months of imprisonment, two years of suspended execution, community service, 180 hours and 40 hours of participation);

2. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective 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 that prohibits 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 ten years, on condition that the court issues an employment restriction order that prohibits persons with disabilities from being employed or providing them with labor for a given period not exceeding ten years; however, where the risk of recidivism is significantly low or any special circumstance that does not restrict employment exists, it may choose not to

In addition, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the amended Act shall also apply to persons who have committed sex offenses before the enforcement and have not received final and conclusive judgments.

As such, according to the enforcement of Article 59-3 of the amended Act on Welfare of Persons with Disabilities, the defendant who committed a sex offense prior to the enforcement of the above Act shall also be tried to determine whether to issue an order of restriction on employment under the above Act and the period of restriction on employment under the above Act. The court below found the defendant guilty of the facts charged in the instant case, but omitted the judgment on whether to issue

Therefore, the judgment of the court below is no longer maintained.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 argument of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Reason of the judgment below] Summary of facts constituting a crime and evidence recognized by this court is the column of the judgment below.

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