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(영문) 대구고등법원 2019.07.24 2019노188
업무방해등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and six months;

3. The defendant.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part concerning the defendant’s case and the part concerning the request for probation order as to the part concerning the request for probation order. Since only the defendant appealed, there is no benefit of appeal as to the part concerning the request for

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the request for probation order is excluded from the scope of the judgment of this court.

2. The summary of the reasons for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

The Defendant asserted that there was an error of mistake in mistake in the lower judgment, but withdrawn the above assertion on the first day of this court.

3. We examine the defendant's grounds of appeal ex officio prior to judgment.

Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which uniformly provides for employment restrictions on persons who were sentenced to punishment for sex offenses against children, juveniles, or adults, shall be amended by Act No. 15904 on December 11, 2018, and Article 59-3 (1) and (2) of the Act on Welfare of Persons with Disabilities, which provides for employment restrictions on persons with disabilities for the period of ten years, shall be set at a different period of employment restrictions for each accused of each case within the extent of ten years in consideration of the seriousness of each offense and the risk of recidivism, etc., and where special circumstances are determined, the amended provision of Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities, which stipulates that the Act on Welfare of Persons with Disabilities, who committed sex offenses before June 12, 2019 and who did not have a final and conclusive judgment, shall also be applied to this case. In this regard, the part of the judgment below on the defendant's case shall no longer be maintained.

4. If so, the part of the judgment below regarding the defendant's case is above.

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