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(영문) 서울고등법원 2018.11.30 2018노1751
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for forty hours.

Reasons

1. The lower court’s sentence (five years of imprisonment, forty hours of completion of sexual assault treatment programs, confiscation) on the summary of the grounds for appeal is too unreasonable.

2. Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, effective as of July 17, 2018, a court issues an ex officio decision on a sex offense order to operate a child or youth-related institution, etc., or to prohibit a person from operating a child or youth-related institution, etc., or providing actual labor, for a certain period not exceeding 10 years: Provided, That where the risk of re-offending is significantly low, there are special circumstances in which the employment should not be restricted.

In the judgment of the court, the employment restriction order may not be issued.

In this regard, Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 shall also apply to a person who committed the above sex offense before the enforcement and who has not received a final and conclusive judgment, and the above amended Act shall also apply to this case.

Meanwhile, the judgment on an employment-restricted order under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is an incidental disposition to be sentenced simultaneously with a conviction of a sex offense case, and all of the judgment below should be reversed even if there is no error in the remaining defendant cases of the judgment below. In this regard, the judgment of the court below

3. The judgment of the court below is reversed ex officio. Thus, the Criminal Procedure Act without examining the defendant's unfair argument of sentencing.

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