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(영문) 서울중앙지방법원 2020.06.18 2019노2801
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.

2. We examine the Defendant’s grounds of appeal ex officio before determining the grounds of appeal.

Article 59-3 of the Act on Welfare of Persons with Disabilities, which uniformly regulates employment restrictions on persons with disabilities who were sentenced to punishment for sex offenses against children, juveniles, or adults, was amended by Act No. 15904 on December 11, 2018, and Article 59-1 and (2) of the Act on Welfare of Persons with Disabilities, which stipulates that the period of employment restrictions on welfare facilities for persons with disabilities shall be differentiated for each defendant of each case within the 10-year period, considering the seriousness of each offense and the risk of recidivism, etc. In addition, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities, which stipulates that the Act on Welfare of Persons with Disabilities, which has been amended by Act No. 15904 on December 11, 2018, shall also apply to persons who have committed sex offenses before June 12, 2019, and who have not been finally and conclusively determined. In this regard, the lower court'

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. To file for registration and submission of personal information under Article 334(1) of the Criminal Procedure Act of the provisional payment order;

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