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(영문) 대구고등법원 2019.08.29 2019노232
강간상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

information about the defendant for five years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order, and the requester for a probation order (hereinafter “Defendant”) (1) mentally and physically handicapped Defendant were under the influence of alcohol and was in the state of mental disorder by committing the instant crime.

(2) The sentence imposed by the lower court (two years and six months of imprisonment, five years of disclosure and notification, five years of employment restriction) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes stipulates that persons who were sentenced to punishment for sexual crimes under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual offenses”) are uniformly provided for the employment restrictions

However, 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 Jun. 12, 2019, provides that where the court issues a sentence of imprisonment or medical treatment and custody for a sex offense, it shall not issue an employment restriction order to operate welfare facilities for a specific period not exceeding 10 years or provide employment or actual labor to welfare facilities for the disabled, but shall not issue an employment restriction order in the event of a sex offense case.

Article 2 of the Addenda to the above amended Act provides that the amended provisions of Article 59-3 shall also apply to a person who has committed a sex offense before the enforcement and has not received a final and conclusive judgment, and the above amended Act shall also apply to this case.

Therefore, the defendant's employment restriction order under the Act on Welfare of Persons with Disabilities.

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