성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal (unfair sentencing)
A. The sentence of the lower court (four years of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. The main text of Article 29-3(1) of the former Child Welfare Act (amended by Act No. 16248, Jan. 15, 2019) provides that when a court declares a punishment for committing a child abuse-related crime, it shall order a child-related institution to operate the child-related institution or not to provide employment or actual labor to the child-related institution for a certain period (hereinafter “employment restriction order”) simultaneously with the judgment of a child abuse-related crime case, and the proviso of the said provision provides that the same shall not apply to cases where the risk of recidivism is significantly low or where the employment is prohibited.
In addition, according to Article 2 of the Addenda to the above Act (amended by Presidential Decree No. 2018, Dec. 11, 2018), the above provision applies to a person who committed a child abuse-related crime before the enforcement date of the above Act (amended by Presidential Decree No. 2019, Jun. 12,
The crime of this case constitutes a crime of child abuse under Article 3 subparagraph 7-2 (a) of the Child Welfare Act, and the judgment of the court below which did not issue an employment restriction order or decide whether to exempt the defendant from employment under the Child Welfare Act can no longer be maintained.
3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article
Application of Statutes
1...