The judgment below

The part of the case of the defendant is reversed.

The punishment of the accused shall be ten years.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol at the time of the instant crime, or was in a state of mental and physical weakness above the spirit, such as stimulative disorder.

Even so, the lower court found the Defendant guilty of committing the instant crime in a normal state.

B. The lower court’s punishment (15 years of imprisonment) is too unreasonable.

2. Determination

A. The main text of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352), effective July 17, 2018, provides that where the court declares a punishment for a sex offense against a child or youth or a sex offense against an adult (hereinafter referred to as “sex offense”) (excluding a person who has been sentenced to a fine pursuant to Article 11(5)) by judgment, for a certain period from the date on which the execution of all or part of the punishment is terminated or suspended or exempted (where a fine is sentenced, the date on which the punishment becomes final) shall operate a child or youth-related institution, etc. prescribed in the above Act, or shall not provide employment or actual labor to a child or youth-related institution, etc. (hereinafter referred to as “restricted order”).

In addition, Article 3 of the Addenda to the same law provides that the amended provisions of Article 56 above shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.

Therefore, it is necessary to issue an employment restriction order to the defendant who committed a sex offense before the enforcement of the above Act.

The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352) has no provision on the employment restriction order. Thus, the lower court did not issue an employment restriction order to the Defendant.

The employment restriction order is an incidental disposition that declares simultaneously with the judgment of the sex offense case, and the defendant is the defendant.