강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for forty hours.
1. Summary of grounds for appeal;
A. The lower court determined that the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime.
B. The sentence of the lower court (a year of imprisonment, and an order to complete a sexual assault treatment program for 40 hours) against an unfair defendant in sentencing is too unreasonable.
2. We examine ex officio the reasons for ex officio appeal prior to the determination of the reasons for appeal.
Article 56(1) main text of the former Act on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018; hereinafter the same shall apply) that was amended by Act No. 15352, Jan. 16, 2018; and enforced July 17, 2018; hereinafter the same shall apply) provides that where the court issues a sentence or medical care for sex offenses against children or juveniles or sex offenses against which they are subject to a final judgment, it shall impose an employment restriction order that prohibits a child or youth-related institution, etc. from operating such institution for a given period, or from providing employment or actual labor to such institution, and Article 3 of the Addenda of the said Act provides that the amended provisions of Article 56 shall also apply to those who have committed a sex offense before the enforcement of the said Act, and have not been finally binding.
Of the instant crimes, the judgment of this case and the judgment of this case are sex offenses subject to Article 56 of the above Act, and simultaneously with the judgment of this case, the order of restriction on employment should be issued to the defendant. The order of restriction on employment is an incidental disposition to be imposed simultaneously with the judgment of conviction, and where all or part of the order is illegal, the decision of the court below should be reversed in its entirety even if there is no error in the remaining
However, despite the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court, and this is examined.
3. According to the record of judgment on the assertion of mental disorder, the Defendant committed the instant crime.