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(영문) 서울북부지방법원 2018.09.13 2018노700
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal explicitly withdrawn the allegation of mental disorder on the first trial date.

The punishment of the court below against the defendant (the punishment of six months of imprisonment, the suspension of execution of two years, and the order to attend a sexual assault treatment lecture for forty hours) is too unreasonable.

2. We examine ex officio the reasons for ex officio appeal prior to the determination of the reasons for appeal.

Article 56(1) main text of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced as of July 17, 2018, provides that where the court issues a punishment or a treatment and custody for a sex offense against a child or youth or a sex offense against an adult, it shall issue an employment restriction order to prevent a child or youth-related institution from operating such institution, etc. or from providing employment or actual labor to a child or youth-related institution, etc. for a given period simultaneously with a judgment of a sex offense case. Article 3 of the Addenda of the aforementioned Act provides that Article 56 of the aforementioned Act provides that the amended provisions shall apply to a person who has committed a sex offense before the aforementioned Act enters into force and has not been finally binding.

The crime of this case constitutes a sex offense subject to Article 56 of the above Act, and at the same time, the judgment of this case and the judgment of this case should be sentenced to an employment restriction order against the defendant. The order of employment restriction is an incidental disposition simultaneously with a judgment of conviction and where all or part of the disposition is illegal, the order should be reversed in whole, even if there is no error in the remaining part of the defendant's case.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

[Judgment] The facts constituting an offense and summary of evidence recognized by the court and the evidence related thereto.

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