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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The misunderstanding of facts and misapprehension of the legal doctrine (indecent act part) had been aware of the fact that the Defendant was faced with usual and organized scaming, but the victim also thought that the Defendant was a force to scam and admonish the Defendant, and thus, scam of the victim’s knife that scam is less than once. The Defendant’s act cannot be deemed as an act to the extent that the Defendant’s scam would cause a sense of sexual humiliation or aversion to the general public, and it cannot be said that there was an intentional indecent act by the Defendant.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter “former Act”) places restrictions on employment in juvenile-related institutions, etc. on a uniform basis with respect to persons who have been finally determined to be sentenced to a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”) on the whole or part of the relevant punishment or treatment and custody, or with respect to the suspension or exemption of the execution thereof. However, unlike the previous provision, Article 56(1) of the former Act on the Protection of Children from Sexual Abuse (hereinafter “Amended by Act No. 15352, Jan. 16, 2018”), Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (excluding persons who have been sentenced to a punishment for a sex offense under Article 56(1) of the same Act at the same time by a court for a fixed period of time (excluding a period of punishment for a sex offense).