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(영문) 서울고등법원 2019.07.19 2019노1146
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

information about the defendant for three years.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case, which was sentenced by the lower court of unfair sentencing (one year and six months of imprisonment) is too unreasonable. 2) Although there are special circumstances under which disclosure order and employment restriction order are not to be disclosed or notified to the public or employment of the accused and the person subject to a request to attach an attachment order (hereinafter “the accused”), it is unreasonable for the lower court to order the accused to disclose and notify personal information and to restrict employment.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for three years, although the Defendant did not pose a risk of recommitting a sexual crime.

2. Determination

A. Part 1 of the Defendant’s case is deemed ex officio prior to the judgment on the grounds for appeal. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) is 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 a child or juvenile under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual crime”).

) A person for whom a sentence of imprisonment or medical treatment and custody has become final and conclusive shall not operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities and shall not provide their operation, employment or actual labor (hereinafter referred to as “period of restriction on employment”).

The Act on Welfare of Persons with Disabilities (hereinafter “Revised Act on Welfare of Persons with Disabilities”) was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, uniformly set the term “10 years ago.”

Article 59-3 and Paragraph (1) of the same Article are subject to a sentence of imprisonment or medical treatment and custody due to sex crimes, the court shall order the operation of welfare facilities for the disabled or the employment or actual labor with welfare facilities for the disabled during the period of employment restriction (hereinafter “order for employment restriction”).

(b).

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