아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The statement of the victimized child that conforms to each of the facts charged in the instant case is not reliable, and it is difficult to view that the Defendant’s act constitutes “sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation” prohibited by the Child Welfare Act.
Therefore, the judgment of the court below which convicted each of the facts charged of this case is erroneous in misconception of facts and misapprehension of legal principles.
B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000, 40 hours to complete a sexual assault treatment program, 2 years of employment restriction order) is too unreasonable.
2. Ex officio determination
A. Article 29-3(1) of the former Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018; hereinafter “former Child Welfare Act”) limits the operation of a child-related institution or the provision of employment or actual labor to a child-related institution for ten years from the date when the execution of all or part of the punishment or medical treatment and custody is terminated or the non-execution thereof becomes final and conclusive for a child abuse-related crime, but Article 29-3(1) (excluding subparagraph 23) of the Child Welfare Act (amended by Act No. 1589, Dec. 11, 2018; hereinafter “Revised Child Welfare Act”) enacted on June 11, 2019, contrary to the previous provision, where a court declares a sentence of imprisonment or medical treatment and custody for a child abuse-related crime, at the same time, imposed an employment restriction order to the relevant institution for a fixed period of time and did not impose any special restrictions on the employment of the child.
Meanwhile, Article 2 (1) of the Addenda to the amended Child Welfare Act (excluding paragraph (1) 23) provides that "The amended provisions of Article 29-3 (excluding paragraph (1) 23) shall commit a crime related to child abuse and be subject to final judgment prior to the enforcement of this Act