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(영문) 서울고등법원 2019.08.20 2019노977
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.

The defendant shall be 40 hours.

Reasons

1. The gist of the grounds for appeal (along-term three years of imprisonment and short-term two years of imprisonment) of the lower court is too unreasonable.

After the conclusion of the trial proceedings, the defendant and the defense counsel submitted a written opinion or an application for resumption of pleadings to the effect that they denies some crimes.

This is not submitted within the due date of filing a statement of grounds for appeal, and it is not subject to judgment by the original court.

According to the evidence duly adopted and examined in the original trial and the party trial, including the fact that the defendant recognized all the facts charged of this case in the original trial and the party trial and the statement of the victim corresponding to the facts charged, all of the facts charged of this case can be found guilty.

2. Ex officio determination

A. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that “10 years shall be passed from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated or the execution of such punishment or medical treatment and custody is suspended,” and that “10 years shall be passed from the date on which the person, upon whom the sentence of imprisonment or medical treatment and custody was finalized, is unable to operate welfare facilities or to provide employment or actual labor to welfare facilities for persons

However, unlike the previous provision, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “Amended Act on Welfare of Persons with Disabilities”) amended by Act No. 15904, Dec. 11, 2018; and enforced June 12, 2019 (hereinafter “the former Act on Welfare of Persons with Disabilities”), the court orders the operation of welfare facilities for persons with disabilities (hereinafter “employment restriction period”) or the provision of actual labor for persons with disabilities for a certain period from the date when the execution of all or part of the punishment or medical treatment and custody is terminated or suspended (including a summary order; hereafter the same shall apply in this paragraph) is suspended or exempted (where a fine is imposed, the date when the punishment becomes final) by a sex offense.

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