아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
, however, the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendants (for the Defendants A, six months of imprisonment and two years of probation, community service, 240 hours, 40 hours of order to attend a course, and probation, and 5 million won of fine and 40 hours of order to complete a course) is too unreasonable.
B. Prosecutor 1) The lower court’s punishment against the Defendants is too unfilled and unreasonable. 2) The lower court’s judgment was unlawful by failing to issue an employment restriction order to the Defendants pursuant to the relevant statutes.
2. Determination
A. Of the lower judgment, Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) stipulates that a person for whom a sentence of imprisonment or medical treatment and custody was finalized due to a sex offense against a child or juvenile shall operate a child or juvenile-related institution, etc. prescribed in each of the following subparagraphs, or
However, unlike the previous provision, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “the Act”), which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018 (hereinafter “the Act”), where a court declares a punishment or medical treatment and custody due to a sex offense against a child or juvenile, etc., it shall, by judgment, issue an employment restriction order to prevent a child or juvenile-related institution, etc. prescribed in each of the following subparagraphs from operating such institution, etc. or from providing employment or actual labor to such institution, etc. for a certain period from the date on which the execution of such punishment or medical treatment and custody is completed, at the same time as the relevant case is ruled: Provided, That where the risk of recidivism is remarkably low or where it is deemed that there is any special circumstance that a restriction on employment is prohibited, it may not issue an employment restriction order, and as prescribed in paragraph (2),