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(영문) 수원지방법원 2019.08.22 2019노1790
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below against the defendant's summary of the grounds for appeal (the imprisonment of six months, the suspended sentence of two years, the probation, the order to attend a sexual assault treatment lecture 40 hours, the order of disclosure notification 2 years, the employment restriction order 5 years) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. According to the records of this case, the Defendant, at the Suwon District Court on August 16, 2018, sentenced two years of suspension of execution to ten months for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) and the judgment became final and conclusive on May 22, 2019. The crime of indecent act by compulsion committed before the judgment becomes final and conclusive is in the relation of concurrent crimes between the crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, and the crime of indecent act by compulsion committed before the judgment becomes final and conclusive, and determines punishment after considering equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining

B. In addition, Article 59-3(1) and (2) of the Welfare of Disabled Persons Act (amended by Act No. 15904, Dec. 11, 2018; hereinafter referred to as "Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes") which came into effect from June 12, 2019 shall be sentenced simultaneously with the judgment of a sex offense case where the court issues a sentence of punishment or medical treatment and custody for sex crimes (referring to sexual crimes under Article 2 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex crimes against children and juveniles under subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse) to prohibit the operation of welfare facilities for disabled persons or the employment or actual labor of welfare facilities for disabled persons for a certain period not exceeding 10 years, but the employment restriction order may not be issued if the risk of recidivism

However, Article 2 of the Addenda to the above amended Act is amended by Article 59-3 before it enters into force.

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