성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
80 hours against the defendant.
The punishment (six years of imprisonment) imposed by the court below on the defendant and the person who requested the attachment order or the person who requested the attachment order (hereinafter referred to as the "defendant") to observe the order to observe the order to protect the victim is too unreasonable.
It is improper for the court below to issue an order to attach a location tracking device to the defendant.
Judgment
The lower court determined ex officio as to the part of the Defendant’s case, as to the crime Nos. 1 through 4 of the annexed crime list No. 1 of the lower judgment, applied Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act.
However, Article 7(3) of the current Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act on the Protection of Juveniles from Sexual Abuse”) is wholly amended by Act No. 11572, Jun. 19, 2013; and Article 7(3) of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act on the Protection of Juveniles from Sexual Abuse”). As such, Article 7(3) of the former Act on the Protection of Children from Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) applies to the above criminal facts committed by a defendant prior to the enforcement of the current Act on the Protection of Children from Sexual Abuse.
In this respect, the judgment of the court below on this part cannot be maintained.
The lower court’s determination as to the wrongful assertion on the attachment order of location tracking device was based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e.,, the Defendant committed an indecent act like the instant crime against a juvenile victim (less than 19 years of age) by a member of the staff who was under his/her protection; ② the Defendant denies the entire crime of this case without contrary to his/her mistake; and ③ the Defendant’s criminal offender against the Defendant.