성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault against the defendant for 40 hours.
The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of two years and six months and forty hours and the order to complete a sexual assault treatment program) is too uncomfortable and unfair.
The reasons for appeal by the prosecutor ex officio are examined ex officio before the judgment is made.
Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person who was sentenced to a punishment or a treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which the operation, employment, or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or treatment and custody is completed or exempted.”
Accordingly, Article 56(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (hereinafter “Revised Juvenile Sex Protection Act”) (amended by Act No. 15352, Jan. 16, 2018; hereinafter “the Act”), which was enforced on July 17, 2018, shall be sentenced simultaneously with a judgment on a sex offense case, where the court issues a punishment or treatment and custody due to a sex offense, it shall render a judgment that, unlike the previous cases, orders to operate a juvenile-related institution, etc., or to prevent a juvenile-related institution, etc. from operating a juvenile-related institution, etc., or providing employment or actual labor with a juvenile-related institution, etc., for a certain period from the date on which the execution of the punishment or treatment and custody is completed or suspended (hereinafter “restricted period”), but where the risk of recidivism is significantly low, there exists any special circumstance that does not restrict employment.
order of restriction on employment may not be issued if such order is determined.