성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of twenty million won.
3. The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. In order to facilitate the photographing of an elementary school graduate at the time of the instant case, the Defendant committed a minor physical contact with the victims in the process of correcting the student’s attitude, or expressing the name and interest, and did not commit an indecent act such as the statement on the facts constituting an offense in the lower judgment, and did not intend to commit an indecent act.
In addition, it should be deemed that the illegality of Defendant 1’s above act constitutes “an act arising from work” as prescribed by Article 20 of the Criminal Act or “act that does not contravene social norms.”
Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles.
B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 30 million) is too unreasonable.
2. Determination
A. We examine ex officio the defendant's argument of reasons for appeal prior to the determination of ex officio.
Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court has set a differential period of restriction on employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 shall 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.
However, the above reasons for reversal do not exist.