성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
1. The part of the judgment below regarding the defendant's case shall be reversed.
2. The defendant shall be punished by imprisonment for three years;
3.Provided, That this judgment shall not apply.
1. The summary of the grounds for appeal (e.g., both types of punishment) and the person to whom the attachment order is requested, and the person to whom the probation order is requested (hereinafter “defendants”) asserted that the lower court’s punishment is too unreasonable (three years of imprisonment), and the prosecutor asserts that the lower court’s punishment is deemed unreasonable.
2. Determination
A. The main text of Article 29-3(1) of the Child Welfare Act, which was amended by Act No. 15889, Dec. 11, 2018, effective June 12, 2019, with respect to the part of the defendant's case, provides that where the court issues a sentence for a child abuse-related crime, it shall order a child-related institution not to operate the child-related institution for a certain period or to provide employment or actual labor to the child-related institution (hereinafter referred to as "employment restriction order") concurrently with the judgment of the case related to the child abuse-related crime, and the proviso to the above provision provides that the same shall not apply to cases where the risk of recidivism is significantly low or where the employment is restricted.
In addition, according to Article 2 of the Addenda to the above amended Act, the amended provisions of Article 29-3 apply to a person who committed a child abuse-related crime before this Act enters into force and has not received a final judgment.
Since each crime except the crime under paragraph (1) of the crime committed in the judgment below constitutes a crime of child abuse under Article 2 (4) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, the part of the judgment below which did not issue an employment restriction order or decide whether to exempt the defendant from employment under the Child Welfare Act can no longer be maintained.
B. As long as a prosecutor has lodged an appeal against a prosecuted case regarding a request for attachment order or a request for probation order, the probation and probation order against a specific criminal shall be issued in accordance with Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Electronic Devices.