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(영문) 서울고등법원 2019.07.25 2019노1006
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The judgment below

The part of the defendant's case and the part of the attachment order case shall be reversed.

Defendant shall be punished by imprisonment for five years.

Reasons

1. The court below, within the scope of the judgment of this court, sentenced the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) to order the attachment of an electronic tracking device for ten years with respect to the part of the defendant’s case and the attachment order case for ten years, and sentenced the court to dismiss the prosecutor’s request with respect to the part of the probation order case. Since the defendant appealed only to this, there is no benefit in appeal with respect

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), the scope of trial of this court is limited to the part of the defendant’s case and the attachment order case, and the part of the probation order case is excluded.

2. Summary of grounds for appeal;

A. The lower court’s sentencing on the Defendant of unreasonable sentencing is too unreasonable.

B. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for 10 years, although there is no risk of recidivism of sexual crime against the defendant who was improper in issuing an attachment order.

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

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 finally determined by sentence of 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 and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crime”) shall not be able to operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide their operation, employment or actual labor (hereinafter referred to as “employment restriction period”).

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