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(영문) 의정부지방법원 2019.01.07 2017노2797

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (legal scenarios) was in the state of mental disorder or mental disorder due to brain functional disorder caused by cerebrovascular at the time of committing the crime.

Nevertheless, all of the above arguments of mental and physical disability and the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misunderstanding of legal principles as to mental and physical disability.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “former Act”) places restrictions on employment at child-related institutions, etc. for ten years from the date the execution of all or part of the punishment or medical treatment and custody is terminated or suspended or exempted, but Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018; hereinafter “former Act”). Unlike the previous provision, Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”), where a court declares a sex offense or a medical treatment and custody order for a sex offense (excluding a person subject to an employment restriction order under Article 11(5)) and at the same time imposes an employment restriction order for a period not exceeding 10 years, and at the same time imposes an employment restriction order for the same period (excluding a person subject to a fine).

On the other hand, Article 3 of the Addenda to the revised Act on the Protection of Juveniles from Sexual Abuse is "the amended provisions of Article 56" before this Act enters into force.