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(영문) 서울고등법원 2019.07.12 2019노637
현주건조물방화치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

For 10 years, the registered information on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant’s case is unreasonable on the grounds that the lower court’s sentence of unfair sentencing (six years of imprisonment) is too unreasonable. 2) Although there are special circumstances under which disclosure and notification of personal information of the Defendant and the requester for an attachment order (hereinafter “Defendant”) should not disclose or notify the personal information of the Defendant and the requester for an attachment order (hereinafter “Defendant”) or restrict employment, it is unreasonable for the lower court to order the Defendant to disclose or notify personal information and put a

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 10 years.

2. Determination

A. Part 1 of the Defendant’s case is examined ex officio prior to the judgment on the grounds for appeal. Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904, Dec. 11, 2018 (hereinafter referred to as “sexual crime” refers to both sex offenses against children or juveniles or sex offenses against adults.

(3) The term “period of restriction on employment” means the period during which a person who has been finally and conclusively sentenced to medical treatment and custody is unable to operate welfare facilities for disabled persons or provide them with employment or actual labor services to welfare facilities for disabled persons (hereinafter “period of restriction on employment”).

Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 and enforced as of June 12, 2019, provides a uniform term of 10 years, but Article 59-3 of the Act on Welfare of Persons with Disabilities, which was enforced as of June 12, 2019, provides a court with an order to prohibit the operation of welfare facilities for persons with disabilities or the employment or actual labor of welfare facilities for persons with disabilities during the period

B shall be sentenced simultaneously with the judgment of a sex offense case: Provided, That where the risk of recidivism is remarkably low or where it is deemed that there are other special circumstances that prevent employment from being restricted, an employment restriction order may not be issued.

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