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(영문) 대구고등법원 2018.09.20 2018노242
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below (the probation of one and half years of imprisonment with prison labor, the community service for 80 hours, and the lecture for sexual assault treatment for 80 hours) is too unreasonable.

In addition, I would like to seek exemption from employment restriction orders.

Ex officio (order to restrict employment) We examine the reasons for appeal ex officio.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for a sex offense against children, juveniles, or adults, shall be amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the same Act provides that Article 3 of the Addenda to the above Act provides that the court shall determine the period of restriction on employment to be differentiated for each accused of each case in consideration of the severity of the offense, the risk of recidivism, etc., and Article 56 of the same Act provides that Article 56 of the same Act shall apply to persons who committed a sex offense before July 17, 2018, which is the date of the enforcement of the above Act and who have not been finally determined.

Article 56 of the amended Act applies to the crime of indecent conduct against children and juveniles by the instant force by falling under “a sex offense against children and juveniles”.

Therefore, at the same time with the judgment of this case, the judgment of the court below was unable to maintain the order of restriction on employment of the defendant.

Therefore, 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 of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【Grounds for another judgment】 Criminal facts and summary of evidence recognized by the court are identical to the facts constituting the crime and summary of evidence, and thus, Article 369 of the Criminal Procedure Act is the same as the relevant column of the judgment of the court below.

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