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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for two years.
40 hours per the defendant.
Reasons
1. The court below rendered a judgment dismissing the prosecutor’s claim regarding the part of the case requiring protection observation while rendering a judgment of conviction on the part of the case of the defendant, and the only defendant appealed on this issue, so there is no benefit of appeal as to the part of the case requiring protection observation.
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below's case of protection observation order is excluded, and the scope of this court's trial is limited to the part of the case of the defendant.
2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.
3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
A. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018; hereinafter referred to as “sex offense”) stipulates that a person, who was sentenced to a punishment or treatment for a sex offense against a child or a sex offense against an adult, shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor (hereinafter referred to as “child-related institution, etc.”) and uniformly set the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”).
However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, and enforced July 17, 2018, should be sentenced to the order to operate a juvenile-related institution, etc. or to provide employment or actual labor to a child-related institution, etc. during the period of employment restriction (hereinafter “employment restriction order”) in a case where a court sentences a punishment or treatment and custody for a sex offense.