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(영문) 수원지방법원 2018.08.09 2018노3339
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, 40 hours of sexual assault treatment program, 10 hours of perjury) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Prior to the determination of the grounds for appeal by both parties of the judgment ex officio, we examine ex officio.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, before being amended by Act No. 15352, Jan. 16, 2018, provides that a person determined to be sentenced to a punishment or treatment for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as "sex offense") may not operate a child or juvenile-related institution, nor provide employment or de facto labor for ten years from the date on which the execution of the punishment or treatment or care is completed, or the execution of the treatment or care is suspended or exempted.

However, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that in cases where a sentence of punishment or medical care and custody is imposed for sex crimes, an order shall be issued simultaneously with the judgment of a sex offense case to operate a child or juvenile-related institution, etc., or to prevent the employment or actual labor of the institution, etc., for a certain period from the date of termination or exemption of the execution of all or part of the punishment or medical care and custody (where a fine is imposed, the date on which the punishment becomes final and conclusive).

Meanwhile, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15352, Jan. 16, 2018) provides that "the amended provisions of Article 56 shall apply to persons who committed sex crimes before this Act enters into force and who did not receive a final judgment."

An employment restriction order under the above amended provision shall be issued simultaneously with the conviction of a sex offense case.

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