강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for forty hours.
1. Summary of grounds for appeal;
A. The court below found the Defendant guilty of all the injury resulting from rape, confinement, or special confinement among the facts charged of this case on the basis of the victim’s statement, etc., on the ground that the Defendant merely engaged in sexual intercourse with the victim under the agreement with the victim, but did not have rape and rape. The court below erred by misapprehending the facts.
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018; hereinafter referred to as “sex offense”) provides that a person, who was sentenced to a punishment or a medical care and custody for committing a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”).
However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, and enforced July 17, 2018, provides that where a court declares a punishment or a treatment and custody for sex offenses, it shall sentence the order to operate a juvenile-related institution, etc., or not to provide employment or actual labor to a child-related institution, etc., during the employment restriction period (hereinafter “employment restriction order”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there are other special circumstances in which employment should not be restricted.
order of restriction on employment shall not be issued if such order is determined.