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(영문) 부산고등법원 2018.12.05 2018노495

강간상해등

Text

The judgment below

The part of the case of the defendant is reversed.

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

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence on the part of the case against the Defendant (two years and six months of imprisonment, four years of suspended execution, etc.) is deemed as unjust.

B. The lower court’s dismissal of the request for an attachment order against the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) despite the risk of recommitting a sexual crime.

2. We examine ex officio prior to the determination of the prosecutor’s improper assertion of sentencing on the part of the case of the defendant.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., when the court sentenced the punishment for individual sex offenses, and separately determines the period of restriction on employment within the limit of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 shall apply to persons who committed sex offenses before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case. In this regard, the part of the judgment of the court below is no longer maintained.

3. According to Article 9(4)4 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., a request for an attachment order shall be dismissed by judgment when a suspended execution is sentenced in regard to a specific crime case.

The court below sentenced a suspended sentence and sentenced a suspended sentence of imprisonment as seen below. Thus, the prosecutor's allegation in this part is without merit.

4. The defendant's case among the judgment below's conclusion.