성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
Defendant
In addition, a person who requests an attachment order shall be punished by imprisonment for five years.
Defendant
(b).
1. Summary of grounds for appeal;
A. The punishment (five years of imprisonment, five years of employment restriction, five years of probation, and three years of probation) imposed by the court below on the defendant and the person to whom the attachment order was requested (hereinafter “defendant”) is inappropriate.
B. Prosecutor 1) The above sentence imposed by the lower court on the Defendant in the part of the Defendant case is too unfasible and unreasonable.2) In light of the background, object, method, etc. of each of the instant crimes, the Defendant’s recidivism risk is sufficiently recognized.
Nevertheless, the judgment of the court below which rejected the prosecutor's request for attachment order is erroneous and adversely affected by the judgment.
2. We examine ex officio the judgment on the part of the defendant's case and the prosecutor's grounds for appeal.
A. The main text of Article 29-3(1) of the Child Welfare Act, which was amended by Act No. 1589, Dec. 11, 2018, effective June 12, 2019, provides that “in cases where a person is sentenced to imprisonment or medical treatment and custody for committing a child abuse-related crime, the court shall render a sentence (referring to notification of a summary order in cases of a summary order) to operate the following facilities or institutions or to ensure that the person is unable to provide employment or actual labor to a child-related institution for a certain period from the date when the execution of the sentence or medical treatment and custody is terminated or suspended or exempted (including a summary order) is suspended or exempted by a judgment (referring to the date on which a penalty becomes final and conclusive where a fine is sentenced).” Article 2(1) of the Addenda to the above Act provides that “The amended provisions of Article 29-3 shall apply to a person who committed a child abuse-related crime before this Act enters into force:
Article 3 subparag. 1, 3, and 7-2 of the Child Welfare Act, Article 2 subparag. 1, 4f, and (m) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes.