아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (a fine of KRW 10 million, etc.) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Judgment ex officio on the defendant and prosecutor's grounds for appeal concerning an order to restrict employment shall be deemed ex officio prior to the judgment.
A. The main text of Article 29-3(1) of the Child Welfare Act, which was amended by Act No. 1589, Dec. 11, 2018, effective June 12, 2019, provides that “in cases where a person is sentenced to imprisonment or medical treatment and custody for committing a child abuse-related crime, the court shall render a sentence (referring to a notification of a summary order in cases of a summary order) to operate the following facilities or institutions or to ensure that the person is unable to provide employment or actual labor to a child-related institution for a certain period from the date when the execution of the sentence or medical treatment and custody is terminated or suspended or exempted (including a summary order) is suspended or exempted by a judgment (referring to the date on which a penalty becomes final and conclusive where a fine is sentenced).” Article 2(1) of the Addenda to the above Act provides that “The amended provisions of Article 29-3 shall apply to a person who committed a child abuse-related crime before this Act enters into force:
The Defendant’s crime of indecent act by force (excluding the crime against the victim G) constitutes “child abuse-related crime” committed before the enforcement of the above Child Welfare Act, and simultaneously with the judgment of the case, the Defendant issued an employment restriction order to the child-related institutions.
B. The main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, amended by Act No. 15904, Dec. 11, 2018; and enforced on June 12, 2019, concerning the enforcement of the amended Act on Welfare of Persons with Disabilities, is a sexual crime under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.