공연음란
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. The lower court’s sentence (amounting to KRW 5,00,000, and KRW 40 hours to complete a sexual assault treatment program) against the Defendant on the summary of the prosecutor’s grounds of appeal is unreasonable because it is too unfasible.
2. We examine ex officio the grounds for appeal by the prosecutor 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 a case, taking into account the seriousness of the crime, the risk of recidivism, etc. while sentencing the punishment for an individual sex offense, and Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall also apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and who have not been finally determined.
In this respect, the judgment of the court below is no longer maintained.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the Criminal Act, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order