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(영문) 서울고등법원 2018.08.16 2018노749
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, including misunderstanding of facts, committed an indecent act against the victims, even though he did so.

Nevertheless, the judgment of the court below which convicted all the charges of this case on the basis of the statements of the victims with no credibility is erroneous in the misunderstanding of facts and legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018; hereinafter referred to as “sex offense”) provides that a person, who was sentenced to a punishment or a medical care and custody for committing a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”).

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, and enforced July 17, 2018, provides that where a court declares a punishment or a treatment and custody for sex offenses, it shall sentence the order to operate a juvenile-related institution, etc., or not to provide employment or actual labor to a child-related institution, etc., during the employment restriction period (hereinafter “employment restriction order”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there are other special circumstances in which employment should not be restricted.

order of employment restriction may not be issued if such order is determined

The period of restriction on employment in paragraph 2 is specified.

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