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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.
2. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter “former Act on Welfare of Persons with Disabilities”) limits ex officio the operation of welfare facilities for persons with disabilities or the employment of welfare facilities for persons with disabilities for ten years from the date on which the execution of punishment or medical treatment and custody is completed in whole or in part or exempted or suspended. However, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “former Act on Welfare of Persons with Disabilities”) was amended by Act No. 15904, Dec. 11, 2018 and enforced on June 12, 2019; hereinafter “former Act on Welfare of Persons with Disabilities”) concurrently with a judgment on a sex offense case (including a summary order) where a court declares the restriction on employment of persons with disabilities for a fixed period not exceeding 10 years or imposed a restriction on employment under Article 59-3(2) of the same Act.
Meanwhile, Article 2 of the Addenda to the amended Act on Welfare of Persons with Disabilities provides that "The amended Act of Article 59-3 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment."
Based on its stated reasoning, the lower court convicted all of the charges of indecent act by compulsion of this case, which is a sexual crime.
However, as Article 59-3 of the revised Act on Welfare of Persons with Disabilities is applied to this case where the judgment has not yet become final and conclusive, whether the defendant's employment restriction order is imposed and the period of employment restriction is limited.