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(영문) 서울서부지방법원 2019.05.16 2018노1322

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed an indecent act by force against D or E.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of KRW 5 million and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

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”) uniformly limits the employment of children and juveniles-related institutions, etc. for 10 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”) on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “the former Act”) on the Protection of Children and Juveniles against Sexual Abuse, in cases where a court declares a sex offense or a medical treatment and custody for sex offense and imposes an employment restriction order, etc. at the same time, did not impose any restriction on employment of children and juveniles-related institutions.

Meanwhile, Article 3 of the Addenda to the amended Juvenile Protection Act provides that "The amended provisions of Article 56 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment."

As Article 56 of the revised Act on the Protection of Juveniles applies to this case, it is necessary to judge whether the defendant is sentenced to an employment restriction order and the period of employment restriction.