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The judgment below
The part of the defendant's case shall be reversed.
The defendant shall be punished by imprisonment for four months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which acquitted the victim of this part of the charges of attempted indecent act by mistake (as to the part of not guilty in the original verdict) is erroneous in the misapprehension of the facts, even though the victim has consistently stated the facts of injury, and the defendant sufficiently recognizes the attempted indecent act by compulsion.
(b) Sentencing (in original sentence: four months of imprisonment, two years of suspended sentence, 40 hours of taking courses for the treatment of sexual assault, and 2 years of restriction on employment);
2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.
A. As to each attempted indecent act by force among the facts charged in the instant case, the prosecutor of the Amendments to Bill of Indictment applied for the change of the date and time from February 15, 2018 to “2:00 on February 16, 2018.” Since the court below permitted this and changed the subject of the judgment, the court below could no longer maintain it.
B. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; Act No. 15904, Jun. 12, 2019; Act on Welfare of Persons with Disabilities (hereinafter referred to as “Act on Welfare of Persons with Disabilities”) provides that, when a court issues a sentence of imprisonment or medical treatment and custody by sex offense, it shall simultaneously issue an employment restriction order that prohibits persons with disabilities from operating welfare facilities or from providing employment or actual labor to persons with welfare facilities for a given period not exceeding ten years; however, the same shall apply to a sex offense case where the risk of recidivism is significantly low, or where it is deemed that there are special
However, Article 2 of the Addenda to the above amended Act is amended by Article 59-3 before it enters into force.