(영문) 의정부지방법원 2019.10.31 2019노895

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.10.31 2019노895

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be 40 hours.

Reasons

1. The lower court dismissed the prosecution of intimidation among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, the prosecutor appealed from the judgment of the court below on the ground of unfair sentencing regarding the guilty portion, and the rejection portion of the prosecution was not dismissed by both the defendant and the prosecutor, and the above rejection portion in the judgment below

Therefore, the scope of the court's judgment is limited to the judgment of conviction.

2. Summary of the grounds for appeal and the sentencing (in cases of original trials, six months of imprisonment, two years of suspended execution, 40 hours of taking the sexual assault therapy, and 180 hours of community service).

3. Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904, Dec. 11, 2018, and enforced from June 12, 2019, provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall simultaneously issue an employment restriction order to prevent persons with disabilities from operating welfare facilities, or from providing employment or actual labor to persons with welfare facilities for a given period not exceeding 10 years, but shall not issue an employment restriction order in cases where the risk of recidivism is significantly low or any other special circumstance that does not restrict employment exists.

However, Article 2 of the Addenda to the above amended Act provides that Article 59-3 of the Act shall also apply to persons who have committed a sex offense before the enforcement and have not received a final and conclusive judgment. Of the facts charged in this case, the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act on the Punishment, etc. of Sexual Crimes") among the facts charged in this case is a sex offense, and it is necessary to examine and judge whether to simultaneously issue an employment restriction order for a fixed period

The part of the employment restriction order under Article 59-3 (1) of the Welfare of Disabled Persons Act shall be sex offenses.

참조조문

-장애인복지법 제59조의3 제1항

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