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The judgment below
The part of the case of the defendant is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case by Defendant 1) The sentence of the lower court (20,000,000 won, and 80 hours, etc. of sexual assault treatment program) which the lower court sentenced the Defendant and the person who requested the attachment order (hereinafter “Defendant”) to whom the attachment order was applied is unfair as it is too unfasible.
2) In light of the Defendant’s criminal history of exemption from disclosure or notification order and the risk assessment result of Korea’s sexual offender, etc., it is unreasonable for the lower court to exempt the Defendant from disclosure or notification order, even though the Defendant’s personal information should be disclosed and notified.
B. It is improper for the court below to dismiss the defendant's request for an attachment order against the defendant even though the defendant's risk of repeating sexual crimes is obvious.
2. Determination
A. 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 (amended by Act No. 15352, Jul. 17, 2018; and Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jul. 17, 2018) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a court issues a sentence of punishment or treatment and custody for the above sex offense, it shall, in the same time, sentence an employment restriction order to operate a child and youth-related institution, etc., or to prohibit a child or youth-related institution, etc. from providing employment or actual labor for a certain period not exceeding 10 years: Provided, That where the risk of recidivism is remarkably low, there are special circumstances
In the judgment of the court, the employment restriction order may not be issued.
In this regard, Article 3 of the Addenda to the above Act is amended by Article 56 before it enters into force.