공갈미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The defendant is a sexual assault treatment program for 40 hours.
1. The summary of the grounds for appeal (a year of imprisonment, 40 hours of completion of a sexual assault treatment program, 2 years of disclosure or notification order, and confiscation) by the court below is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 on January 6, 2018, stipulates that a person who was sentenced to a punishment or a medical care and custody for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate the facilities, institutions, or place of business under each of the following subparagraphs (hereinafter referred to as “child or juvenile-related institutions, etc.”) or shall not provide employment or actual labor to the institutions, etc. related to the child or juvenile, and uniformly set the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period for employment”).
However, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that where a court declares a punishment or a medical treatment and custody due to a sex offense, it shall issue an order to operate a child or juvenile-related institution, etc. during the period of restriction on employment, or to prohibit a child or juvenile-related institution, etc. from providing employment or actual labor (hereinafter referred to as "restricted order on employment") simultaneously with a judgment on the sex offense case: Provided, That where the risk of re-offending is remarkably low or there are other special circumstances in which employment should not be restricted.
order of employment restriction may not be issued if such order is determined
The period of restriction on employment in paragraph 2 shall not exceed 10 years.
Meanwhile, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018) provides that "the amended provisions of Article 56 commits sex crimes before this Act enters into force."