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(영문) 서울중앙지방법원 2020.01.10 2019노1891
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not commit an indecent act by deceiving the victim's her butt her, as if he/she were feld.

2. The judgment of the court below also made the same assertion as the grounds for appeal of this case, and the court below rejected the above assertion by explaining the judgment under the title "the judgment of the defendant and his defense counsel's assertion". The judgment of the court below is justified by comparing the above judgment with the records, and it is not erroneous by misapprehending the facts as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

3. Article 59-3 of the Act on Welfare of Persons with Disabilities, which was enforced on June 12, 2019, exempted from the employment restriction order, applies to persons who have committed sex offenses before the said Act enters into force (Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (amended by December 11, 2018). The instant crime constitutes a sex offense to which the said provision applies, and thus, this court should decide on whether to issue or exempt an employment restriction order to persons with disabilities to the Defendant.

In light of the Defendant’s age, criminal record, family environment, social relationship, details and motive of the offense, method of and consequence of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the employment restriction order, the preventive effect of the sex crime that may be achieved therefrom, the effect of the victim protection, the possibility of recidivism, etc., the lower judgment that did not issue an employment restriction order to the Defendant pursuant to the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act should be maintained as it is, in its entirety.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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