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(영문) 부산지방법원 2018.10.12 2018노1847

공연음란

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (an improper sentencing) of the lower court’s punishment (an amount of KRW 4 million, a completion of a sexual assault treatment program for 40 hours) is too unreasonable.

2. We examine ex officio the reasons for ex officio appeal prior to the judgment.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of a case, taking into account the seriousness of the crime, the risk of recidivism, etc., while sentencing punishment for an individual sex offense case by the court, and Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall also apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and who have not been finally binding.

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows (the prosecutor applied for the amendment of an indictment to amend part of the criminal records during the trial at the court at the same time, and this court permitted the defendant to do so, but as long as the defendant is punished by a fine as follows, the above criminal records are merely the criminal records concerning the circumstances of crimes not for repeated crimes, and thus, the subject of the judgment at the same time was modified or there was a change in the facts charged.

shall not be deemed to exist.

Therefore, the judgment of the court below shall not be reversed on the ground of the modification of indictment.