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(영문) 대전고등법원 (청주) 2018.10.04 2017노97
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1,500,000 won from the defendant.

Reasons

1. The sentence of each court below (No. 1: a fine of 10,00 won, a fine of 2: a fine of 1,000 won, and a penalty of 1,500,000 won: imprisonment with prison labor for a year and a penalty of 1,50,000) is too un

2. Ex officio determination

A. The judgment of the court below and the judgment of the court of first instance against the defendant were sentenced respectively, and the prosecutor filed each appeal against the above judgment of the court below, and this court decided to hold the two appeals jointly with each other.

The judgment of the court below in the first and second instances is a concurrent crime under the former part of Article 37 of the Criminal Act, and the defendant should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second instances cannot be maintained as it is.

B. Article 56(1) and (2) of the Act on the Protection of Juveniles from Sexual Abuse, which uniformly provides for the restriction on employment of children-related institutions, etc., to children-related institutions for juveniles for the ten-year period for a sex offense against children or adults, was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the Act on the Protection of Juveniles from Sexual Abuse provides that the court shall determine the restriction on employment and the period of restriction on employment within the ten-year period, considering the seriousness of the offense and the risk of recidivism, etc. while sentencing a punishment for an individual sex offense case, and Article 3 of the Addenda of the above Act provides that “The amended provisions of Article 56 shall apply to persons who committed a sex offense before July 17, 2018, which is the date of enforcement of the above Act.” Therefore, the above amended Act also applies to this case.

3. If so, the judgment of the court below is reversed ex officio as seen above. Thus, without examining the prosecutor's unfair argument of sentencing, the court below reversed each of them in accordance with Article 364 (2) of the Criminal Procedure Act and rendered a new judgment after hearing.

[Grounds for the judgment to be used again] Summary of facts constituting a crime and evidence shall be the court.

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