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(영문) 서울고등법원 2018.10.23 2018노1975
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for five years.

. Information on the Defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant and the requester for the observation and order of protection (hereinafter “defendant”) (one year of imprisonment, etc.”) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant as to the part of the case of 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) provides that a person who was sentenced to a punishment or a treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which the operation, employment, or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or treatment and custody is completed or exempted.”

However, Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018 (hereinafter “former Act on the Protection of Juveniles from Sexual Abuse”), unlike the previous provisions, where a court declares a punishment or a medical treatment due to a sex offense, it shall, unlike the previous provisions, issue an order to operate a juvenile-related institution, etc., or to prevent a child from operating a juvenile-related institution, etc., or providing employment or actual labor to a juvenile-related institution, etc., for a specific period from the date when the execution of the punishment or medical treatment is completed or suspended (hereinafter “restricted period”), for a certain period from the date when the execution of the punishment or medical treatment is suspended (hereinafter “restricted period”). Provided, That where the risk of recidivism is considerably low, or there is no special reason to restrict employment.

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