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(영문) 대구고등법원 2019.07.24 2019노215
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for twelve years;

3. A seizure.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (15 years of imprisonment) is too unreasonable for the defendant and the person who requested the attachment order or the person who requested the treatment order (hereinafter “the defendant”).

B. Prosecutor 1) The lower court’s sentence on the part of the Defendant’s case is too unfilled and unreasonable. 2) Even though the Defendant is likely to recommit sexual crimes, dismissing the Defendant’s request for medical treatment order against the Defendant is unlawful.

2. Determination

A. We examine the part of the defendant's case ex officio prior to the judgment on this part of the grounds for appeal by the defendant and prosecutor.

Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which uniformly provides for the restriction on employment of persons with disabilities who are sentenced to punishment for sex offenses against children, juveniles, or adults, is amended by Act No. 15904 on December 11, 2018, and Article 59-3 (1) and (2) of the Act on Welfare of Persons with Disabilities (hereinafter referred to as "Act on Welfare of Persons with Disabilities") stipulates that the period of restriction on employment shall be differentiated for each defendant of each case in consideration of the seriousness of each offense, the risk of recidivism, etc. When the court sentenced the punishment for individual sex offenses, and Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities provides that Article 59-3 of the Act on Welfare of Persons with Disabilities shall apply to persons who have committed sex offenses before June 12, 2019, which is the enforcement date of the Act on Welfare of Persons with Disabilities and who have not been sentenced to final and conclusive judgment. In this regard

B. As to the part of the request for attachment order, if the defendant and the prosecutor filed an appeal regarding the prosecuted case, it shall be deemed that the appeal has been filed regarding the case of the request for attachment order under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc.

However, the defendant and the prosecutor did not submit legitimate grounds for appeal regarding the application for attachment order, and the record is examined.

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