공연음란
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Sexual assault against the defendant for 40 hours.
1. Summary of grounds for appeal;
A. The Defendant was merely trying to see the misunderstanding of facts, and was not exposed to sexual organ as stated in the facts charged and did not have committed an obscene act.
B. Sentencing, even if the Defendant was found guilty, the lower court’s punishment (the completion of sexual assault treatment programs with four months or forty hours of imprisonment) is too unreasonable.
2. We examine ex officio the reasons for ex officio appeal prior to the judgment.
A. According to the records, the court below served a summons, etc. of the defendant on the method of serving public notice pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and served the defendant with a summons for sexual assault treatment programs for 4 months and 40 hours by conducting hearings in the absence of the defendant, and ordered the defendant to complete sexual assault treatment programs for 4 months and 40 hours. ② The defendant filed an appeal against the judgment of the court below formally finalized, and requested recovery of the right of appeal, and ③ The court below recognized the fact that the defendant did not appeal within
Therefore, barring any special circumstance, the court below's judgment on the ground that the defendant was unable to attend the trial of the court below and there is no reason to request a retrial under Article 23-2 (1) of the Act on Special Cases Concerning the Promotion,
Therefore, the appellate court should proceed with new litigation procedures, such as delivering a copy of indictment again to the defendant, and make a new decision according to the result of new trial.
In this respect, the judgment of the court below is no longer maintained.
B. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018), which uniformly provides for the restriction on employment of children, juvenile-related institutions, etc. for ten years for persons sentenced to punishment for sex offenses against children, juveniles, or adults, is amended by Act No. 15352, Jan. 16, 2018.