강제추행치상등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for forty hours.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the first instance judgment: imprisonment with prison labor for three years, 40 hours, and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.
B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.
2. Ex officio determination
A. As to the whole of the judgment of the court below, the prosecutor filed an appeal against the judgment of the court of first instance, respectively, and this court decided to jointly examine the appeal cases.
Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
B. 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, youth-related institutions, etc., for a period of ten years for a sex offense against children, juveniles, or adults, was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the same Act provides that the court shall determine the period of restriction on employment at a different period within the extent of ten years for each defendant in each case, taking into account the severity of the offense, the risk of recidivism, etc. while sentencing a punishment for an individual sex offense case, and Article 3 of the Addenda of the above Act provides that Article 56 of the same Act provides that the amended provisions 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 thus, the above amended Act shall also apply to this case.
3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal. Thus, the judgment below is reversed and it is again decided as follows.
【Grounds for a new judgment】 Criminal facts and summary of evidence recognized by the court.