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(영문) 청주지방법원 2019.08.23 2019노775
강제추행등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

Reasons

1. The lower court rendered a judgment of conviction as to each indecent act by compulsion among the facts charged against the Defendant, and dismissed the prosecution as to the act of assault.

Since the Defendant and the prosecutor filed an appeal only for the aforementioned guilty portion among the judgment below, and all the Defendant and the prosecutor did not appeal against the dismissal portion, the dismissal portion of the public prosecution in the judgment below became final and conclusive separately from the attitude of the appeal period.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The punishment imposed by the lower court (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, and 3 years of restriction on employment for children and juveniles) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904), effective June 12, 2019, provides that when a court imposes a punishment for a sex crime (referring to a sexual crime defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex crime against children and juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter the same shall apply), it shall order the operation of welfare facilities for persons with disabilities or the provision of employment or actual labor to welfare facilities for persons with disabilities for a certain period of time (hereinafter referred to as

In addition, Article 2 of the Addenda of the same Act ( December 11, 2018) provides that "the amended provisions of Article 59-3 shall apply to persons who have committed sex offenses before this Act enters into force and have not been finally and conclusively determined."

This case constitutes a sex offense and simultaneously with the judgment of this case, and simultaneously with the employment restriction order for the defendant.

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