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(영문) 부산고등법원 (창원) 2018.08.08 2018노132
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

The judgment of the court below (including innocence) shall be reversed.

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

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two years and six months of imprisonment, 80 hours of order to complete the course, 4 years of disclosure and notification order) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, which was amended by Act No. 15352 on January 16, 2018, stipulates that a person who was finally determined to be sentenced to a punishment or treatment for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide employment or actual labor to a child-related institution, etc., and uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter “restricted period”) shall be ten years.

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that where a court issues a sentence or treatment and custody for a sex offense, it shall, by judgment, issue an order to operate a juvenile-related institution, etc. for the period of restriction on employment or to prohibit a juvenile-related institution, etc. from being employed or actually employed by the juvenile-related institution, etc. (hereinafter referred to as “restricted order on employment”) simultaneously with a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low or there are other special circumstances in which employment should not be restricted.

order of employment restriction may not be issued if such order is determined

The period of restriction on employment in paragraph 2 shall not exceed 10 years.

Meanwhile, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018) provides that "the amended provisions of Article 56 shall also apply to a person who has committed a sex offense before this Act enters into force and has not been finally determined.

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