아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) As to the crime No. 1 in the judgment below, the Defendant merely agreed with and made a sexual intercourse with the victim, and there is no sexual intercourse with the victim by force. 2) As to the crime No. 2 and 3 in the judgment below, it is not acknowledged that the Defendant has an indivisible relationship between the Defendant’s act of making a false statement to the victim (the act of deception) and the act of sexual intercourse and the act of indecent act, and the victim
It is difficult to find that he did not know or did not know it.
B. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.
C. It is unreasonable for the lower court to order the disclosure and notification of personal information for five years.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
A. As stated in [Attachment 1] of the facts charged in this case as stated in the judgment below, the prosecutor submitted to the court an application for modification of a bill of indictment with the following facts: (a) as to the facts charged in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact by deceptive means) under paragraph (2) of the same Article; and (b) as to the facts charged in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse under paragraph (3) of the same Article
On December 21, 2018, this Court permitted this on the third trial date, and the subject of the trial was changed.
B. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) prevents a person finalized by being sentenced to imprisonment or medical treatment and custody for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) from operating a facility, an institution, or a place of business under any of the following subparagraphs (hereinafter “child-related institutions, etc.”) or providing employment or actual labor to a child or juvenile-related institution, etc.