강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for 40 hours.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, 40 hours of order to complete the course) is too unhued and unreasonable.
2. We examine ex officio prior to determining the grounds for appeal by the prosecutor ex officio.
Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court has set a differential period of restriction on employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Exemption from disclosure orders and notification orders under Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the age, occupation, and risk of recidivism of the accused, which are subject to employment restriction orders;