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(영문) 서울고등법원 2018.11.02 2018노1518
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for forty hours.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three years of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, effective as of July 17, 2018, a court issues an ex officio decision on a sex offense order to operate a child or youth-related institution, etc., or to prohibit a person from operating a child or youth-related institution, etc., or providing actual labor, for a certain period not exceeding 10 years: Provided, That where the risk of re-offending is significantly low, there are special circumstances in which the employment should not be restricted.

In the judgment of the court, the employment restriction order may not be issued.

Therefore, Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 shall also apply to a person who had committed the above sex offense before the enforcement and has not received a final and conclusive judgment. Thus, the above amended Act shall also apply to this case. Therefore, the judgment of the court below shall no longer be maintained in this regard.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Grounds for the new judgment] Criminal Procedure Act Article 369 applies to the facts constituting an offense and summary of evidence recognized by the court and the summary of evidence as stated in the corresponding column of the judgment below.

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