아동ㆍ청소년의성보호에관한법률위반(위계등추행)
The judgment of the court below is reversed.
The punishment of the accused shall be five years of imprisonment.
Sexual assault, 40 hours against the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 5 years, 40 hours ordered to complete a sexual assault treatment program, 5 years imposed by the court below) is too unreasonable.
2. Article 29-3(1) of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018; Act No. 15889, Dec. 11, 2018) uniformly prescribes that a person who was finally and conclusively sentenced to punishment or medical treatment and custody for committing a child abuse-related crime should not operate a child-related institution or provide employment or actual labor to a child-related institution, and uniformly sets the period during which the operation, employment or actual labor is not possible (hereinafter “employment restriction period”).
However, Article 29-3(1) of the Child Welfare Act (amended by Act No. 1589, Dec. 11, 2018; enacted as of Jun. 12, 2019; Act No. 15894, Jun. 12, 2019) provides that where a court declares a sentence or medical treatment and custody for a child abuse-related crime, it shall order a child-related institution to operate the relevant institution during the employment restriction period or to provide employment or actual labor to the relevant child-related institution (hereinafter referred to as “employment restriction order”) simultaneously with the judgment of the relevant child abuse-related crime case: Provided, That where the risk of recidivism is considerably low or any special circumstance that does not restrict employment exists, it may choose not to issue an employment restriction order, and Article 29-3(2) provides that
Article 2 of the Addenda to the Child Welfare Act (amended on December 11, 2018) provides that Article 29-3 of the Child Welfare Act shall also apply to a person who has committed a child abuse-related crime before this Act enters into force and has not been finally determined.
The facts charged in the instant case constitute a child abuse-related crime (Article 3-7-2(a) of the Child Welfare Act, Article 2 Subparag. 4(m) and (f) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes.