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(영문) 서울고등법원 2019.07.04 2019노908
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the defendant's case and the case of the attachment order shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

1. The court below's scope of trial was convicted of the part of the defendant's case, ordered the attachment of an electronic tracking device for six years, and ordered dismissal of the prosecutor's claim regarding the part of the case of probation order claim, and there is no benefit of appeal as to the part of the case of probation order claim, since only the defendant and the respondent of the attachment order request (hereinafter "defendant") appealed.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), the scope of this court’s trial is limited to the part of the case of the defendant and the case of the request for attachment order, and the part of the request for probation order is excluded.

2. The sentencing of the lower court is too inappropriate.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. Article 59-3(1) of the Act on Welfare of Persons with Disabilities, prior to the amendment by Act No. 15904, Dec. 11, 2018, stipulates that a person who was sentenced 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 or juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual crime”) shall not be able to operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide operation, employment or actual labor (hereinafter “employment restriction period”).

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 punishment

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