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(영문) 서울고등법원 2018.09.04 2018노1817
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal by the Defendant (unfair sentencing) is too unreasonable. The sentence of the lower court against the Defendant (a three years of imprisonment and an order to complete a sexual assault treatment program for 80 hours) 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 Children and 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 prohibit a juvenile-related institution, etc., from operating a child-related institution, etc., or from providing employment or actual labor, for a certain period from the date when the execution of all or part of the punishment or medical care and custody is terminated or exempted (hereinafter “restricted period of employment”), concurrently with the judgment of the sex offense case: Provided, That where the risk of recidivism is considerably low, or there are other special circumstances that need not restrict employment.

order of restriction on employment.

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