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(영문) 서울고등법원 2019.03.21 2018노3039
강간등
Text

All judgment of the court below shall be reversed.

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

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of each court below on the grounds of unreasonable sentencing is too inappropriate.

B. It is unreasonable for the lower court to order the Defendant to restrict employment for three years at child and juvenile-related institutions, etc.

2. Determination

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

The first and second original courts rendered a separate trial against the defendant in Incheon District Court 2018 High Court 2018 High Court 210, 2017 High Court 7187 High Court 2017 High Court 7187 High Court 2017 High Court 9234, 2018 High Court 2922 (merger) and sentenced the defendant to be sentenced to each punishment, and the defendant filed an appeal against each of the above decisions, and this court decided to hold concurrent trials. The first and second original judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of one sentence among the concurrent crimes under Article 38(1) of the Criminal Act. In this regard, all of the part of the first and second original judgments of the court below in this regard are not exempt from reversal.

The defendant's argument that the above employment restriction order was unfair is still subject to the judgment of this court, despite the ground for ex officio reversal.

B. According to Articles 2 subparag. 2, 3-2, and 56(1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018), where a sentence is imposed for the crime of rape of this case, which constitutes a sex offense against a child or juvenile or a sex offense against an adult (hereinafter “sex offense”), the court shall either operate a facility, institution, or place of business under any subparagraph of Article 56(1) for a period not exceeding ten years, unless there are any special circumstances under which the risk of recidivism is significantly low or the employment is not restricted.

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