성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
For the defendant.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the defendant, and regarding the case of the case of the case of the attachment order, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the part of the case of the attachment order claim as the defendant appealed only to that effect, and thus, the court below excluded the part of the case from the scope of the judgment of this court.
2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment, etc.) is too unreasonable.
3. We examine ex officio the defendant's argument of reasons for appeal prior to the determination of ex officio.
Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, which was amended by Act No. 15352 on January 16, 2018, stipulates that a person who was finally determined to be sentenced to a punishment or treatment for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide employment or actual labor to a child-related institution, etc., and uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter “restricted period”) shall be ten years.
However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, should be sentenced to an order to operate a juvenile-related institution, etc. or to provide employment or actual labor to a juvenile-related institution, etc. during the employment restriction period (hereinafter “employment restriction order”) by a judgment when a court sentences a punishment or treatment and custody for a sex offense. However, it should be sentenced simultaneously with a judgment on a sex offense case: Provided, That the risk of recidivism is significantly low.