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(영문) 서울고등법원 2019.07.12 2019노886
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, etc.) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the grounds of unreasonable sentencing is unreasonable because it is too uneasible. 2) The lower court exempted the Defendant from the disclosure and notification order despite the risk of recommitting sexual crimes.

2. We examine ex officio prior to the determination of the grounds for appeal by the defendant and prosecutor ex officio.

Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (referring to sexual crimes under Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter the same shall apply) which was amended by Act No. 15904, Dec. 11, 2018 and enforced as of June 12, 2019, shall be subject to an order to prohibit the operation of welfare facilities for persons with disabilities or the employment or actual labor in welfare facilities for persons with disabilities for a certain period by judgment.

(1) Article 59-3 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Act on the Protection of Children and Juveniles against Sexual Abuse”) provides that “The amended provisions of Article 59-3 shall apply to a person who has committed a sex offense before this Act enters into force and has not received a final and conclusive judgment” shall be sentenced simultaneously with a judgment on a sex offense case: Provided, That where a sentence is imposed due to an indecent act, it is necessary to deliberate and decide whether to simultaneously issue an employment restriction order by setting a period of employment restriction pursuant to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Act on the Protection of Persons with Disabilities”).

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