아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for nine years.
For the defendant.
1. The lower court rendered a judgment of conviction on the part of the case of the Defendant, and that dismissed the prosecutor’s request regarding the part of the case of the attachment order, and only the Defendant appealed.
Therefore, the scope of this court's adjudication is limited to the defendant's case.
2. Summary of reasons for appeal;
A. Under Article 18 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”), the lower court aggravated a half of the statutory penalty against the criminal facts that the Defendant committed again during the period from March 2013 to August 31, 2014, based on the fact that the victimized person had served as a fixed-term teacher for a middle school during which he/she was in school.
However, the defendant was not a teacher or a club leader for the victim during the above period, and was not a teacher or a club leader for the victim. As such, the defendant cannot be viewed as a child or juvenile under the protection and supervision of the defendant under Article 18 of the Juvenile Sex Protection Act solely on the ground that the defendant is a teacher working for the above middle school.
Therefore, the judgment of the court below which rendered a statutory aggravated punishment on the first or eighth criminal facts in the judgment, based on the above provision, is erroneous in the misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.
B. The sentence of the lower court’s unfair sentencing (nine years of imprisonment, and 200 hours of order to complete a sexual assault treatment program) is too unreasonable.
3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018, where a court declares a punishment for a sex offense or a medical care and custody, it shall be ruled for a certain period from the date on which the execution of all or part of the punishment or medical care and custody is terminated or suspended or exempted (hereinafter referred to as “the period”).