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(영문) 서울고등법원 2019.09.19 2019노1221
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) With regard to the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13), among the facts charged in the instant case, the Defendant did not have any fact that he had any her with the victim’s consent, but had no intention to commit an indecent act.

B) Of the facts charged in the instant case, the lower court found the Defendant guilty of all of the facts charged in the instant case, even though the Defendant did not have any intent to spread the victim G, and did not spread the water to the victim G). In so doing, the lower court erred by misapprehending the legal doctrine, etc.

2. The sentencing of the lower court is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

1) Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904, Dec. 11, 2018 refers to 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 children and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual crime”).

A) A person for whom a sentence of imprisonment or medical treatment and custody has become final and conclusive is prescribed in a uniform manner to prevent the operation of welfare facilities for persons with disabilities or the provision of employment or actual labor to welfare facilities for persons with disabilities (hereinafter referred to as “period of restriction on employment”).

10 years have been set uniformly.

However, Article 59-3 of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 and enforced June 12, 2019, and Article 59-3 of the Act on Welfare of Persons with Disabilities, and Article 59-1 of the Act on Welfare of Persons with Disabilities, where the court declares punishment or medical treatment and custody for sex

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