강제추행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In the course of the crime of this case, the Defendant was aware of the victim’s dialogue with the victim at the time of the crime of this case, and was able to find the victim’s wife or woman-friendly room in the past, and did not commit any act recorded in the facts charged, and did not have the intention of indecent act by compulsion.
Nevertheless, the lower judgment that found the Defendant guilty of this part of the facts charged based on the statement of the victim without credibility is erroneous and adversely affected by the conclusion of the judgment.
B. The lower court’s sentence of an unreasonable sentencing (2.5 million won by fine) against the Defendant is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, before being amended by Act No. 15352, Jan. 6, 2018, stipulates that a person who was sentenced to imprisonment or medical treatment 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 a facility, an institution, or a place of business (hereinafter referred to as “child or juvenile-related institution, etc.”) under any of the following subparagraphs, or shall not provide employment or actual labor to a child or juvenile-related institution, etc., uniformly set the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “period of employment restriction”).
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, and enforced as of July 17, 2018, where a court declares a sex offense or a medical treatment and custody, it shall, by judgment, sentence a sex offense case to operate a child and juvenile-related institution, etc. during the period of restriction on employment or to prohibit a child and juvenile-related institution, etc. from providing employment or actual labor (hereinafter “order for restriction on employment”) at the same time as the judgment