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(영문) 부산고등법원 2019.06.26 2019노186
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for one year.

The defendant is a child or juvenile.

Reasons

1. Summary of grounds for appeal;

A. Defendant and Appellant for Medical Treatment and Custody (hereinafter “Defendant”) Case 1: The Defendant did not have the ability to discern things or make decisions due to the injury or illness at the time of committing each of the instant crimes. ② Unreasonable sentencing is unfair: the lower court’s punishment (six months of imprisonment) is too unreasonable. ② The Defendant in the medical treatment and custody case continues to use mental drugs since the detention was made in the instant case, and it is more effective to receive sufficient medical treatment at a medical institution within the society, instead of a medical treatment and custody center, when medical treatment is needed.

Therefore, a request for medical treatment and custody must be dismissed.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too uneasible and unreasonable.

In order to prevent recidivism, each subsidiary disposition of the order to order the defendant to complete a crime or to notify disclosure shall also be imposed.

2. Determination of the accused case

A. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) uniformly restricted the employment of persons who were sentenced to punishment for sexual crimes under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sexual crimes against children and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual crimes”).

However, according to Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018 and enforced as of Jun. 12, 2019, when a court declares a sentence of imprisonment or medical treatment and custody for a sex offense, it shall issue an order to prevent the operation of welfare facilities for persons with disabilities or the employment or actual labor in welfare facilities for persons with disabilities for a certain period not exceeding 10 years simultaneously with a judgment of a sex offense case. However, if the risk of recidivism is remarkably low, or otherwise, employment should not be restricted.

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