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(영문) 서울서부지방법원 2019.01.17 2018노849
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The number of seized LGG smartphone G6 increase.

Reasons

1. Summary of grounds for appeal;

A. The first instance court’s punishment (two months of imprisonment, two years of suspended execution, confiscation, and 40 hours of order to attend a course) against the Defendant is too unfased and unreasonable.

B. The punishment of the second instance court against the Defendant (with regard to the lower court’s second judgment, the Defendant’s imprisonment for eight months, 40 hours, and 2 years of employment restriction order) is too unreasonable.

2. Examination ex officio prior to the ex officio decision-making prosecutor and the judgment of the defendant on the grounds for appeal;

A. The first and second original judgments against the defendant were sentenced respectively, and the prosecutor filed an appeal against the second original judgment, and this court decided to concurrently examine the above two appellate cases. Each of the crimes against the defendant in the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be sentenced to one punishment within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act. Thus, each of the first and second original judgments cannot be maintained as it is, since they are concurrent crimes under Article 38(1) of the Criminal Act.

B. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse provides that a person who was sentenced to imprisonment or medical treatment and custody for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sexual crime”) shall not operate the facility, institution, or place of business under any of the following subparagraphs (hereinafter “child-related institution, etc.”) or be able to provide employment or actual labor to a child or juvenile-related institution, etc., and uniformly set the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter “period of restriction on employment”).

However, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, is Article 56, Paragraph 1.

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