강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 5 million won, and orders to complete sexual assault treatment programs for 24 hours) is too unreasonable.
2. We examine ex officio the reasons for ex officio appeal prior to the judgment.
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 a case, taking into account the seriousness of the crime, the risk of recidivism, etc., while sentencing punishment for an individual sex offense case by the court, and Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall also apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and who have not been finally binding.
In this respect, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without omitting the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
【Inasmuch as the original judgment is identical to the facts constituting a crime and the summary of evidence recognized by the court, the summary of the facts constituting a crime and the gist of evidence is identical to each corresponding column of the original judgment, it shall be quoted in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.