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(영문) 서울고등법원 2018.08.21 2018노1624
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of three years of imprisonment, and orders to complete sexual assault treatment programs for forty hours) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant is too uncomfortable.

2. We examine ex officio the reasons for each appeal by the defendant and the prosecutor prior to the determination of ex officio.

Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person who was sentenced to a punishment or a treatment and custody 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 a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which the operation, employment, or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or treatment and custody is completed or exempted.”

However, Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced July 17, 2018 (hereinafter “Amended Act on the Protection of Juveniles from Sexual Abuse”), unlike the previous provisions, where a court declares a punishment or a medical treatment due to a sex offense, it shall, unlike the previous provisions, issue an order to operate a juvenile-related institution, etc., or to prevent a child from operating a juvenile-related institution, etc., or providing employment or actual labor to a juvenile-related institution, etc., for a specific period from the date when the execution of all or part of the punishment or medical care and custody is terminated or exempted (hereinafter “restricted period of employment”), concurrently with the judgment of the sex offense case: Provided, That where the risk of recidivism is considerably low, or other employment is employed.

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