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1. The part of the judgment below regarding the defendant's case shall be reversed.
2. The defendant shall be punished by a fine of KRW 10 million.
3. The defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence (a fine of KRW 10 million) imposed by the lower court on the Defendant and the person requesting probation order (hereinafter “Defendant”) is too uneasible.
2. Determination
A. We examine ex officio prior to the judgment on the grounds of appeal by the prosecutor on the part of the defendant case.
Article 59-3 of the Act on Welfare of Persons with Disabilities, which uniformly regulates employment restrictions on persons with disabilities who were sentenced to punishment for sex offenses against children, juveniles, or adults, was amended by Act No. 15904 on December 11, 2018, and Article 59-1 and (2) of the Act on Welfare of Persons with Disabilities, which stipulates that the period of employment restrictions on welfare facilities for persons with disabilities shall be differentiated for each defendant of each case within the 10-year period, considering the seriousness of each offense and the risk of recidivism, etc. The amended provisions of Article 2 of the Addenda of the above amended Act stipulate that Article 59-3 of the same Act shall also apply to persons who have committed sex offenses before June 12, 2019 and who have not been sentenced to final and conclusive judgment, and therefore, the above amended Act shall also apply to this case. In this regard, the part of the defendant's case among the judgment below was no longer maintained.
B. As the prosecutor appealed to the part of the case for which probation order is applied, it is deemed that the part of the case for which probation order is applied has also been lodged in accordance with Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.
However, there is no legitimate ground for appeal on the petition of appeal or the statement of grounds of appeal submitted by the prosecutor, and according to Articles 21-8 and 9(4)3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the court should dismiss the request for probation order when it imposes a fine on specific crimes such as sexual crimes.