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(영문) 전주지방법원 2018.10.05 2018노964
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unreasonable for the lower court’s punishment (3 million won in punishment, 40 hours in completion of sexual assault treatment programs, and 2 years in disclosure and notification).

2. Article 56(1) and (2) of the Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) of the same Act (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Juveniles from Sexual Abuse, which uniformly provides for the restriction on employment of children or persons who were sentenced to punishment for sex offenses subject to ex officio determination, upon considering the severity of each offense and the risk of recidivism, etc., the court shall determine the restriction period differently for each accused of each case within the limit of 10 years. Article 3 of the Addenda of the above Act provides that Article 56 of the same Act shall apply to persons who committed sex offenses before July 17, 2018, which is the date of enforcement of the above Act, and the above amended Act shall also apply to this 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 of sentencing, and the judgment below is reversed, and it is again decided as follows.

【Grounds for another judgment】 The summary of facts constituting a crime and evidence recognized by the core of facts constituting a crime and evidence is the same as the stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018) and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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