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(영문) 대구고등법원 2018.09.20 2018노299
아동ㆍ청소년의성보호에관한법률위반(강간등치상)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of two years and six months.

40 hours per the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) presented by the Defendant stated the grounds for appeal on the grounds of mental disorder as well as mental disorder. However, the Defendant and the defense counsel explicitly withdrawn the claim of mental disorder on the first trial date at the trial court at the trial court at the trial court at the first instance court, and arranged the assertion that

The punishment sentenced by the court below (long-term four years of imprisonment, short-term two years and six months) is too unreasonable.

2. We examine the Defendant’s appeal ex officio before determining the grounds for appeal.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant in each case, taking into account the seriousness of each offense, risk of recidivism, etc., and Article 3 of the Addenda of the above Act provides that the amended provisions of Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter referred to as the "Act on the Protection of Children and Juveniles against Sexual Abuse") shall be applied to those who were sentenced to a sex offense before July 17, 2018, which is an enforcement date of the above Act, and thus, the judgment of the court below shall not be upheld.

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 about sentencing, and the judgment below is again ruled as follows after pleading.

[Grounds for the judgment to be used again] Summary of facts constituting an offense and evidence is recognized by the court.

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