공연음란
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (the suspension of sentence of 1.5 million won in penalty) is too unfluent and unfair.
2. We examine ex officio the grounds for appeal by the prosecutor prior to the judgment.
The main sentence of Article 56(1) of the Act on the Protection of Children from Sexual Abuse (Act No. 15352), which was effective July 17, 2018, provides that where a court issues a sentence of punishment or medical treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter referred to as "sex offense") (excluding a person subject to a fine pursuant to Article 11(5)), it shall impose an order to operate a child-related institution, etc., or to prohibit a child-related institution, etc., from operating such institution, or from providing employment or de facto labor with a child-related institution, etc., for a certain period from the date on which the execution of the sentence or medical treatment and custody is terminated or exempted (where a fine is sentenced, the date on which the sentence becomes final and conclusive) is determined and sentenced simultaneously with the judgment of the sex offense case (hereinafter referred to as "order to restrict employment").
In addition, Article 3 of the Addenda of the same Act provides that the amended provisions of Article 56 of the same Act shall also apply to persons who have committed sex offenses before this Act enters into force and have not been finally determined.
Therefore, it is necessary to issue an employment restriction order to the defendant who committed a sex offense before the enforcement of the above Act.
The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352) has no provision on the employment restriction order. Thus, the lower court did not issue an employment restriction order to the Defendant.
In this regard, the court shall determine whether to issue an employment restriction order to the defendant and the period of the employment restriction pursuant to the amended Act on the Protection of Children from Sexual Abuse, and since the employment restriction order is an incidental disposition that declares simultaneously with the judgment of a sex offense case, the court shall issue an employment restriction order to the defendant.