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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
Reasons
Summary of Grounds for Appeal
The sentence (5 million won of a fine) imposed by the court below is too minor.
Pursuant to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”), prior to judgment on the grounds for appeal ex officio, a person who commits a sex offense against a child or juvenile shall be imposed an order to attend a course necessary for the prevention of recidivism or order to complete a sexual assault treatment program for up to 50 hours, except in extenuating circumstances.
In this context, special circumstances where an order to attend a course or order to complete a program can not be imposed mean cases where, for example, it is considerably difficult or even if it is imposed on the defendant due to physical or mental reasons, such as mental disorder stipulated in Article 10 of the Criminal Act, it does not assist the
Although the Defendant, as 20 college students, did not have any evidence to deem that there was any such special circumstance as above, the lower court erred by omitting the order without any explanation, thereby adversely affecting the conclusion of the judgment.
In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal, and the judgment of the court below is again decided following pleadings.
Criminal facts
The summary of evidence is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse and Article 298 of the Criminal Act concerning facts constituting an offense;
2. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse.
3. Article 334 (1) of the Criminal Procedure Act.
4. The main sentence of Article 21 (2) of the Juvenile Protection Act.
5. The main sentence of Article 49(1) of the Juvenile Protection Act to issue an order of disclosure and notification.