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(영문) 서울고등법원 2018.12.07 2018노1724
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for eight years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court that is unfair in sentencing (eight years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. Since there is no risk of repeating a crime against the criminal defendant, an order to disclose or notify information to the criminal defendant is inappropriate.

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 on the grounds of the above ex officio reversal, and the remaining part of the judgment below which excludes the rejection of the application for compensation order pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair determination of sentencing, disclosure or notification order.

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