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(영문) 서울고등법원 2019.07.23 2018노2480 (1)
준유사강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, etc.) is too unhued and unreasonable.

B. It is improper for the lower court to exempt the Defendant from the disclosure and notification order of personal information.

2. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides that “A person, who has been sentenced to imprisonment or medical treatment and custody for committing sexual crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crimes”) shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities,” and uniformly sets the period during which the operation, employment or actual labor is prohibited (hereinafter referred to as “employment restriction period”).

However, unlike the previous provisions, Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, provides that, where a court issues a sentence of imprisonment or medical treatment and custody for sex offenses, it shall simultaneously issue an order to operate welfare facilities for persons with disabilities or to prevent them from providing employment or actual labor to welfare facilities for persons with disabilities for a fixed period not exceeding ten years (hereinafter “employment restriction order”). However, the same shall not apply to cases where the risk of recidivism is considerably low or where it is deemed that there is any special circumstance that does not restrict employment. Meanwhile, the amended provisions of Article 59-3 of the Act on Welfare of Persons with Disabilities (amended by December 111, 2018) provide that the amended provisions of Article 59-3 of the Act on Welfare of Persons with Disabilities committed a sex offense before this Act enters into force, and did not have

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