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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.
The defendant shall be 40 hours.
Reasons
1. The lower court dismissed the prosecution as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. against Victims of the case No. 2018 Godan3650 and the Defendant convicted him/her of the remainder of the facts charged. Since the prosecutor did not appeal the part of dismissing the prosecution as to the part of dismissing the prosecution, the lower court’s judgment is limited to the part of conviction among the lower judgment.
2. The summary of the grounds for appeal that the court below sentenced the defendant to imprisonment (three and a half years of imprisonment, six months of imprisonment and order to complete a program) is too unreasonable.
3. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) uniformly limits employment in welfare facilities for persons with disabilities for ten years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated or suspended or exempted, but Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter “former Welfare Act”), contrary to the previous provision, where a court declares a sex offense or medical treatment and custody for a sex offense, issued an employment restriction order at the same time as a judgment of the sex offense case to impose an employment restriction order on the welfare facilities for persons with disabilities, and did not clearly lower the risk of re-offending or otherwise restrict employment.
Meanwhile, Article 2 of the Addenda to the revised Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense before this Act enters into force and has not received a final judgment.