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(영문) 서울고등법원 2020.01.07 2019노1931
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the original sentence (g million won, etc. of a fine) is too unhued.

2. Judgment on the grounds for appeal ex officio shall be made ex officio prior to the judgment.

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by the following) provides that a person who has been sentenced to punishment or medical treatment and custody by sex offense shall not operate welfare facilities for persons with disabilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly sets the period for which the operation, employment or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or medical treatment and custody is terminated, suspended or exempted.”

However, unlike the previous provisions, Article 59-3(1) of the Act on Welfare of Persons with Disabilities (hereinafter “Revised Welfare Act”) which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019 (hereinafter “the Act on Welfare of Persons with Disabilities”) provides that where a court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it may order the operation of welfare facilities or the suspension or exemption of the execution of all or part of the sentence or medical treatment and custody for a certain period (hereinafter “employment restriction period”) to prevent the employment or actual labor of welfare facilities for the disabled (hereinafter “employment restriction order”) at the same time as the judgment of a sex offense case: Provided, That where the risk of recidivism is considerably low, or where it is deemed that there are any special circumstances that prevent employment restriction, the employment restriction period may not exceed ten years, by providing that the employment restriction period shall not exceed 10 years, thereby prescribing the employment restriction period in consideration of the risk of each sex offense case and not exceeding 10 years.

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