logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2019.09.26 2019노205
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair punishment)’s punishment imposed by the lower court on the Defendant (one year and six months of imprisonment, 40 hours of orders to complete sexual assault treatment programs, and 5 years of employment restriction orders) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Ex officio determination: (a) Article 29-3(1) of the Child Welfare Act and Article 59-3(1) of the Act on Welfare of Persons with Disabilities stipulate that a person, who was finally and conclusively sentenced to a child abuse-related crime, sex offense against a child or sex offense against an adult (hereinafter referred to as “sexual crime”) shall not operate a child-related institution or welfare facility for the disabled; or (b) shall not provide employment or actual labor to a child-related institution or welfare facility for the disabled; and (c) uniformly, the period during which the person is unable to provide operation, employment or actual labor (hereinafter referred to as “employment restriction period”) shall be ten years uniformly.

However, in cases where a court declares a punishment or medical treatment and custody due to a child abuse-related crime or sex offense, it shall issue an order to operate a child-related institution or welfare facility for the disabled or to prevent employment or actual labor to a child-related institution or welfare facility for the disabled (hereinafter referred to as “employment restriction order” under the following) in the same manner as the judgment of the child abuse-related crime or sex offense case, but in cases where the risk of recidivism is significantly low or any other special circumstance exists, the employment restriction order may not be issued, and Article 59-3(1) of the Welfare Act provides that the employment restriction period may not be imposed.

arrow