성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. The sentence of the lower court (three months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) uniformly limits the employment of a child or juvenile-related institution, etc. for ten years from the date on which the execution of all or part of a punishment or a medical care and custody for a person who was determined to have been sentenced to a punishment for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) was completed or suspended or exempted.
However, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Revised Juvenile Sex Protection Act”) which was amended by Act No. 15352 and enforced July 17, 2018 requires a court to issue an order to restrict employment, etc. to a child or juvenile-related institution at the same time with a judgment on a sex offense case (excluding a person subject to a fine pursuant to Article 11(5)), where the court issues a punishment or treatment, or a custody for a sex offense case (excluding a person subject to a fine pursuant to Article 11(5)), and at the same time issues an order to restrict employment, etc. with a period of restriction on employment (Provided, That the period shall not exceed ten years pursuant to Article 11(2)). There are special circumstances that the risk of recidivism
In determining whether to issue an employment restriction order, it is stipulated that it will not issue an employment restriction order.
In addition, Article 3 of the Addenda to the same law provides that the amended provisions of Article 56 above shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.
As such, Article 56 of the Act on the Protection of Juveniles from Sexual Abuse applies to this case after the decision of the court below was made, whether the defendant who committed a sex offense prior to the enforcement of the Act is subject to the restriction on employment and the restriction on employment.