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(영문) 서울고등법원 2020.04.23 2020노46
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

The part of the defendant's case and the part of the case of probation order shall be reversed.

Defendant shall be punished by imprisonment for five years.

Reasons

With respect to the part of the defendant's case, the court below sentenced the conviction, the judgment dismissing the prosecutor's request with respect to the part of the request for attachment order, and the judgment ordering probation for three years with respect to the part of the request for probation order.

On the other hand, only the defendant and the person requesting the probation order (hereinafter referred to as the "defendant") filed an appeal regarding the part of the defendant's case.

In this case, it is deemed that an appeal has been filed as to the part of the request for probation order under Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter referred to as the "Electronic Monitoring Act").

On the other hand, the part of the case of the attachment order is excluded from the scope of the trial of this court, notwithstanding the provisions of Article 9 (8) of the Electronic Monitoring Act, since the defendant has no interest in

Therefore, the scope of this court's adjudication is limited to the defendant's case and probation order case.

The summary of the grounds for appeal (unfair sentencing on the part of the defendant's case) of the lower court's punishment (five years of imprisonment, etc.) is too unreasonable.

Judgment on the grounds for appeal ex officio shall be made ex officio prior to the judgment.

Article 29-3(1) of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018; Act No. 15889, Dec. 11, 2018; hereinafter “Child Welfare Act”) on the part of the Defendant’s case stipulates that a person who was finally determined by a sentence of imprisonment or medical treatment and custody for committing a child abuse-related crime shall not operate a child-related institution or provide employment or actual labor to a child-related institution, and uniformly sets the period during which the person

However, Article 29-3 of the Child Welfare Act (hereinafter “Revised Child Welfare Act”) was amended by Act No. 15889 on December 11, 2018 and enforced June 12, 2019 (hereinafter “Revised Child Welfare Act”).

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