The judgment below

The part concerning Defendant A and D shall be reversed.

Defendant

A Imprisonment with labor for a maximum of six years, for a short of three years and six months;

Summary of Grounds for Appeal

According to the prosecutor's assertion of misunderstanding of facts or misapprehension of the legal principles [the part not guilty in the original judgment] according to the evidence submitted by the prosecutor in the original trial, Defendant C is the victim E, such as the crime of bodily injury, under the victim E, and the victim Q in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, is indicated as “victim Q”.

It can be acknowledged without reasonable doubt that the victim was delivered to the NAP to him/her.

Nevertheless, the judgment of the court below which judged that there is no causation between deception and delivery, and acquitted this part of the facts charged is erroneous in the misapprehension of legal principles.

Each court below alleged unfair sentencing, based on ① a maximum term of seven years, four years, etc., ② a maximum term of six years, three years of imprisonment to Defendant B, ③ a maximum term of three years, one year and six months of imprisonment to Defendant C, ④ a maximum term of four years, and two years of imprisonment to Defendant D, respectively.

With regard to this, the prosecutor asserts that the punishment of the Defendants is too uneasible, and the Defendants asserts that it is too unreasonable.

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that no person, who was finally determined by a sentence of imprisonment or medical treatment and custody due to a sexual crime under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children and juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crime”) may operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and its operation, employment or actual labor is allowed.