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(영문) 서울고등법원 2018.09.13 2018노1241
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (a prison term of two years and six months, a suspended sentence of four years, an order to attend a sexual assault treatment lecture and an order to provide community service for 120 hours, etc.) is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person who was sentenced to a punishment or a treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which the operation, employment, or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or treatment and custody is completed or exempted.”

However, Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018 (hereinafter “former Act on the Protection of Juveniles from Sexual Abuse”), unlike the previous provisions, where a court declares a punishment or a medical treatment due to a sex offense, it shall, unlike the previous provisions, issue an order to operate a juvenile-related institution, etc., or to prevent a child from operating a juvenile-related institution, etc., or providing employment or actual labor to a juvenile-related institution, etc., for a specific period from the date when the execution of the punishment or medical treatment is completed or suspended (hereinafter “restricted period”), for a certain period from the date when the execution of the punishment or medical treatment is suspended (hereinafter “restricted period”). Provided, That where the risk of recidivism is considerably low, or there is no special reason to restrict employment.

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