beta
Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (including fine of KRW 3.5 million, and completion of sexual assault treatment programs for 40 hours) is too unreasonable.
B. Defendant B’s punishment (fine of KRW 800,00) by the lower court is too unreasonable.
2. Determination
A. Defendant A (1) In comparison with the lower court’s judgment, there is no change in the sentencing conditions, and comprehensively considering the various sentencing conditions indicated in the records and arguments of the instant case, including the background of the instant crime and the degree of indecent act, etc., the lower court’s punishment is deemed unfair. Therefore, Defendant A’s above assertion is without merit. 2) We examine ex officio determination as to whether to issue an employment restriction order.
Article 59-3 (1) of the Act on Welfare of Persons with Disabilities amended by Act No. 15904, Dec. 11, 2018 and enforced June 12, 2019, shall issue an order to operate welfare facilities for persons with disabilities or to prohibit employment or actual labor in welfare facilities for persons with disabilities (hereinafter referred to as "order to restrict employment") by judgment when a court issues a sentence of a sex crime (referring to a sexual crime under Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex crime against children or juveniles under subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse) for a certain period from the date when the execution of all or part of such punishment or medical treatment and custody is terminated or suspended (hereinafter referred to as "period of employment restriction"), and in cases where the risk of re-offending is remarkably low or any special circumstance exists that does not restrict employment, it may not issue an employment restriction order, and the period of employment restriction shall not exceed ten years, and at the same time, not exceed the individual period of employment restriction.