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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
Reasons
1. The summary of the grounds for appeal (such as imprisonment with labor for three years) by the lower court is too unreasonable.
2. Ex officio determination
A. Article 29-3(1) of the Child Welfare Act (amended by Act No. 1589, Dec. 11, 2018; Act No. 1589, Jun. 12, 2019; the first sentence of Article 29-3(1) of the Child Welfare Act (amended by Act No. 1589, Jun. 12, 2019) provides that where the court issues a sentence for a child abuse-related crime, it shall order a child-related institution not to operate the child-related institution or to provide employment or actual labor to a child-related institution for a certain period of time (hereinafter “employment restriction order”) concurrently with the judgment of the case related to the child abuse-related crime, and the proviso of the said provision does not provide that
In addition, according to Article 2 of the Addenda to the above amended Act, the amended provisions of Article 29-3 apply to a person who committed a child abuse-related crime before this Act enters into force and has not received a final judgment.
Since each crime in the judgment of the court below constitutes a crime of child abuse under Article 2 subparagraph 4 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, the judgment of the court below which did not decide whether to issue or exempt an employment restriction order under the Child Welfare Act to the defendant can no longer be maintained
B. Where a sex crime which causes the registration of personal information and another crime are concurrent pursuant to the former part of Article 37 of the Criminal Act and a sentence is pronounced pursuant to Article 38 of the Criminal Act, the entire sentence shall be deemed to have been sentenced due to a sex crime which causes the registration of personal information (Article 45(2)), and where the court deems that it is unreasonable to determine the period of registration pursuant to any of the subparagraphs of Article 45(1) as the above provision is applicable.