아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended sentence, three years of probation, community service, 160 hours, 40 hours of an order to attend sexual assault treatment programs, 3 years of employment restriction orders) is too unreasonable.
B. The sentence imposed by the prosecutor (one year and six months of imprisonment, three years of probation, probation, 160 hours of community service, 40 hours of order to attend a sexual assault treatment program, 3 years of employment restriction order) is too uneased and unreasonable.
2. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904) (amended by Act No. 15904), effective as of June 12, 2019, provides that where the court issues a sentence of imprisonment or medical treatment and custody for sex offense, the court shall, by judgment, order the operation of welfare facilities for persons with disabilities or the provision of actual labor to persons with disabilities for a certain period from the date on which the execution of the sentence or medical treatment and custody is terminated, suspended or exempted (where a fine is sentenced, the date on which the sentence becomes final and conclusive) or the execution thereof is suspended or exempted (hereinafter referred to as “order to restrict employment”) to be sentenced simultaneously with a judgment on a sex offense case, and the proviso to Article 59-3(1)
In addition, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) provides that Article 59-3(1) of the Act on Welfare of Persons with Disabilities applies to a person who has committed a sex offense before the enforcement of the Act and has not been finally determined.
The crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes a sex offense to which Article 59-3(1) of the said Act applies, and thus, the court shall decide whether to issue or exempt an employment restriction order to the defendant.
The method and attitude of the crime appearing in the records of this case, the relationship between the defendant and the victim, and the situation before and after the crime.