강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The abstract of grounds for appeal (mental disorder and sentencing);
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to mental illness resulting from brain infection, etc.
B. The sentence of the lower court (the amount of KRW 3 million, the amount of KRW 40 million, and the completion of sexual assault treatment programs) against an unfair defendant in sentencing is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “former Act”) places restrictions on employment with regard to juvenile-related institutions, etc. for ten years from the date on which the execution of all or part of a punishment or a treatment and custody for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) is completed uniformly or suspended or exempted, but Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (hereinafter “former Act”) limits employment with regard to a person subject to employment restrictions for a period not exceeding 10 years from the date on which the execution of such punishment or treatment is suspended or exempted. However, a person subject to employment restrictions at the same time, contrary to the previous provision of Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (excluding any person subject to employment restrictions at the same time, who was sentenced by a court under the same provision of Article 56(1) of the same Act.
In determining whether to issue an employment restriction order, it is stipulated that it will not issue an employment restriction order.
Meanwhile, Article 3 of the Addenda to the revised Juvenile Protection Act applies to a person who has committed a sex offense before this Act enters into force and has not received a final judgment.