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(영문) 대전지방법원 2019.09.04 2019노1676
폭행등
Text

Of the convictions of the judgment of the court below, Paragraph 1 of the judgment of the Daejeon District Court case No. 2018 Godan2570 is written.

Reasons

1. The lower court dismissed the Defendant’s prosecution as to intimidation and each assault against the victim C in the Daejeon District Court Daejeon District Court Decision 2018Kadan15444, and sentenced him/her to the remainder of the facts charged. Since the prosecutor’s dismissal of prosecution was not dismissed, the part of the dismissal of prosecution as to the dismissal of prosecution became final and conclusive, the scope of this court’s judgment is limited to the guilty portion of the lower judgment.

2. The summary of the grounds for appeal (e.g., both types of crimes listed in Paragraph 1 of the judgment of the court below in the Daejeon District Court Decision 2018 Highest 2570 case: Imprisonment with prison labor for 6 months and excluding the above crimes: imprisonment for 4 months and 100 hours after order to complete sexual assault treatment programs) 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 to welfare facilities for persons with disabilities for ten years from the date on which the execution of a sentence or medical treatment and custody is completed, suspended, or exempted, in whole or in part, for a sex offense against adults or sex offense against children or juveniles. However, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; hereinafter “amended Act”) enacted on June 11, 2019 (hereinafter “Act on Welfare of Persons with Disabilities”), unlike the previous provision, where the court issues an order for restriction on employment of persons with disabilities to punish a sex offense or a medical treatment and custody for a fixed period of time, and at the same time imposes an order for restriction on employment on the welfare facilities for persons with disabilities to the extent that it does not have any special circumstances.

On the other hand, Article 3 of the Addenda to the revised Act on Welfare of Persons with Disabilities (Article 59-3) provides that "The amended Act of Article 59-3 shall commit sex offenses before this Act enters into force, and

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