청소년의성보호에관한법률위반(청소년강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (unfair sentencing) is that the sentence imposed by the Defendant (the probation of one and half years of imprisonment, the observation of protection, the attendance of sexual assault treatment programs for 40 hours, and the community service for 240 hours) is too unreasonable.
The above-mentioned sentence sentenced by the court below by the prosecutor is too uneasible and unfair.
Ex officio (order for Employment Restriction) will be examined prior to the judgment on the grounds for appeal by both parties.
Article 56(1) 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 a sex offense against children, juveniles, or adults, shall be amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the same Act provides that Article 3 of the Addenda to the above Act provides that the court shall determine the period of restriction on employment to be differentiated for each accused of each case in consideration of the severity of the offense, the risk of recidivism, etc., and Article 56 of the same Act provides that Article 56 of the same Act shall apply to persons who committed a sex offense before July 17, 2018, which is the date of the enforcement of the above Act and who have not been finally determined.
Each sex offense of this case constitutes a sex offense against a child, juvenile, or adult subject to Article 56 of the above Amendment Act, and at the same time, the judgment of this case and the order of restriction on employment was issued to the defendant, so the judgment of the court below cannot be maintained as it is.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
【The reasons for the new judgment 【The facts constituting the crime and the summary of the evidence admitted by the court 【The facts constituting the crime and the summary of the evidence' are as follows.