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(영문) 서울고등법원 2018.10.19 2018노1576
강제추행등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

. The defendant.

Reasons

1. Summary of grounds for appeal;

A. The mentally and physically weak Defendant and the person who requested the attachment order (hereinafter “Defendant”) had weak ability to discern things or make decisions under the influence of alcohol at the time of each of the instant indecent acts.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Judgment 1 on the part of the case of the defendant is examined ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) stipulates 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 referred to as “sex offense”) shall not operate a facility, an institution, or a place of business (hereinafter referred to as “child-related institution, etc.”) under any of the following subparagraphs, or shall not provide employment or actual labor to a child-related institution, etc., uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”) shall be ten years.

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, and enforced July 17, 2018, provides that where a court declares a punishment or a treatment and custody for sex offenses, it shall, by judgment, sentence a juvenile-related institution, etc., or a juvenile-related institution, etc., with an order prohibiting the operation of such institution during the period of employment restriction, or employment or actual labor (hereinafter “employment restriction order”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there is any special reason that the employment should not be restricted.

order of employment restriction may not be issued if such order is determined

subsection 2 of this section.

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