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(영문) 대법원 2019.01.17 2018도17650
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Before the enforcement of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Revised Act"), the first instance court sentenced the defendant to one year and two months of imprisonment and two years of suspended execution, prior to the enforcement of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as the "Revised Act"), which was amended by Act No. 15352 on January 16, 201.

If the judgment of the first instance becomes final and conclusive without filing an appeal, according to the special provisions of Article 4 or 5 of the Addenda to the amended Act, the defendant is restricted from employment for three years at child or juvenile-related institutions.

However, the lower court, after the enforcement date of the amended Act, sentenced the Defendant who committed a sex offense subject to adults before the enforcement date of the amended Act, and issued an employment restriction order for two years pursuant to Article 3 of the Addenda to the amended Act and Article 56(1) of the amended Act at the same time.

Therefore, while the judgment of the court of first instance is maintained as it is, the judgment of the court below cannot be considered as a more unfavorable judgment against the defendant.

The allegation in the ground of appeal that the lower judgment erred by violating the principle of prohibition of disadvantageous alteration is not acceptable.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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