logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.09.19 2018노1534
아동복지법위반(아동학대)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for a period of one year and six months, an order to complete a sexual assault treatment program of 80 hours, confiscation) imposed by the court below is too unreasonable.

2. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) places restrictions on employment in institutions related to children and juveniles on a uniform basis for persons who have been finally determined after having been sentenced to a punishment for a sex offense against children or juveniles or a sex offense against adults (hereinafter referred to as “sex offense”) upon completion of all or part of the execution of the punishment or treatment and custody, or suspension or exemption of the execution, but Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; hereinafter referred to as the “Amended Act on the Protection of Juveniles against Sexual Abuse”) that took effect on July 17, 2018, where the court declares an employment restriction order for a sex offense or imposed an employment restriction order for a limited period of time, other than the previous provision, in cases where the court declares the employment restriction order for a sex offense.

In determining whether to issue an employment restriction order, it is stipulated that it will not issue an employment restriction order.

Meanwhile, Article 3 of the Addenda to the amended Juvenile Protection Act applies to a person who has committed a sex offense before this Act enters into force and has not received a final judgment.

“......”

For the reasons indicated in its holding, the lower court found the Defendant guilty of all the charges of violating the Child Uniforms Act (in the event of coercion, intermediary, sexual harassment, etc. against a child).

Therefore, since Article 56 of the revised Juvenile Sex Protection Act is enforced after the decision of the court below and applied to this case, it is necessary to judge whether to issue an employment restriction order to the defendant and the period of employment restriction.

arrow