성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The gist of reasons for appeal (the sentencing is unfair and the exemption from order to disclose personal information is unfair);
A. The lower court’s sentence (a year of imprisonment, three years of suspended sentence, 200 hours of community service, 40 hours of sexual assault treatment lectures, confiscation) against an unfair defendant in sentencing is too uneasy and unreasonable.
B. Although the court below should disclose and notify personal information to the defendant when considering the circumstances leading up to the illegal crime of exemption from disclosure of personal information, possibility of recidivism, etc., it is improper for the court below to exempt the defendant from disclosure of personal information.
2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.
Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “former Act”) places restrictions on employment with regard to juvenile-related institutions, etc. for ten years from the date on which the execution of all or part of a punishment or a treatment and custody for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) is completed uniformly or suspended or exempted, but Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (hereinafter “former Act”) limits employment with regard to a person subject to employment restrictions for a period not exceeding 10 years from the date on which the execution of such punishment or treatment is suspended or exempted. However, a person subject to employment restrictions at the same time, contrary to the previous provision of Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (excluding any person subject to employment restrictions at the same time, who was sentenced by a court under the same provision of Article 56(1) of the same Act.
In determining whether to issue an employment restriction order, it is stipulated that it will not issue an employment restriction order.
On the other hand, amendments.