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(영문) 서울고등법원 2019.07.04 2019노698
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unjustifiable and unreasonable.

B. It is too short that the lower court ordering the Defendant to be placed on employment in institutions related to children and juveniles for three years is too short to order the Defendant to be placed on employment in institutions related to children and juveniles.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

A. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person who was sentenced to a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children or juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual crime”) shall not be able to operate welfare facilities for persons with disabilities or provide them with employment or actual labor at welfare facilities for persons with disabilities, and uniformly sets the period during which it is impossible to provide them with operation, employment or actual labor (hereinafter “period of employment restriction at welfare facilities for persons with disabilities”).

However, Article 59-3 of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Jun. 12, 2019; hereinafter referred to as "the Act on Welfare of Persons with Disabilities") which was enacted on June 12, 2019, provides that when a court issues a sentence of imprisonment or medical treatment and custody for sex crimes, it shall order the operation of welfare facilities for persons with disabilities or the employment or actual labor services in welfare facilities for persons with disabilities during the employment restriction period (hereinafter referred to as "the employment restriction order in welfare facilities for persons with disabilities") in the same manner as a judgment of a sex offense case: Provided, That the above employment restriction order may not be issued in cases where the risk of recidivism is considerably low or where special circumstances exist

On the other hand, Welfare of Disabled Persons Act.

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