The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for eight years.

The defendant shall be 120 hours.

1. The appellate court’s trial scope and the lower court dismissed the request for an attachment order, and only the Defendant appealed on the ground of unreasonable sentencing. As such, the part of the lower judgment regarding the request for attachment order

(See Supreme Court Decision 2010Do7079, 2010Do41, Aug. 19, 2010, etc.). Therefore, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, the part regarding the request for attachment order is excluded from the scope of the trial by the appellate court.

2. The summary of the grounds for appeal: The sentence of imprisonment (eight years of imprisonment) by the lower court is too unreasonable.

3. Determination of the grounds for appeal ex officio shall be made ex officio prior to the judgment.

The judgment below

Article 29-3(1) of the Child Welfare Act, which was enforced at the time of sentence, was uniformly restricted the employment, etc. to child-related institutions for 10 years for persons who were sentenced to punishment or medical treatment and custody for committing child abuse-related crimes (referring to child abuse crimes defined in Article 2(4) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse and murder defined in Chapter 24 of Part II of the Criminal Act against children; hereinafter the same shall apply).

However, Article 29-3(1) and (2) of the Child Welfare Act (amended by Act No. 1589, Dec. 11, 2018; enacted from Jun. 12, 2019; Act No. 15889; hereinafter referred to as “Child Welfare Act”) provides that where a court declares a sentence or a medical treatment and custody for a child abuse-related crime, it shall issue an employment restriction order restricting employment, etc. to a child-related institution simultaneously with a judgment on a child abuse-related crime case for a given period not exceeding ten years, and where it considers that there are special circumstances such as where the risk of recidivism is significantly low, it may not issue an employment restriction order.

According to Article 2 of the Addenda to the Child Welfare Act (Act No. 15889, Dec. 11, 2018), the amended provision of Article 29-3 is a child abuse-related crime before the amended Child Welfare Act enters into force.