beta
Text
The judgment below
The part of the case of the defendant is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant and the requester of the order to observe the protective order (hereinafter “Defendant”) and the illegal Defendant and the respondent of the order to observe the protective order (hereinafter “Defendant”) is too unreasonable. The sentence of the lower court (hereinafter “Defendant”) is too unreasonable.
2) In light of all circumstances, such as the age of the criminal defendant who committed the instant crime, the disclosure disclosure notification order against the criminal defendant is unfair.
B. Prosecutor 1) The lower court’s sentence against the illegal Defendant for sentencing is too unfluent and unfair.
2) In light of all the circumstances, such as the fact that the Defendant committed the instant crime, even though he/she was under the suspension of the execution of the order to observe the order for protection, there is a risk of recidivism.
Nevertheless, the judgment of the court below which dismissed the request for an order to observe the protection.
2. Determination
A. We examine the part of the case of the defendant and the prosecutor prior to the judgment on each of the grounds for appeal.
Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, effective as of July 17, 2018, when a court issues a punishment or treatment and custody for the above sex offense, it shall simultaneously issue an employment restriction order to operate a child or youth-related institution, etc., or to prevent a person from operating a child or youth-related institution, etc., or providing employment or actual labor to a child or youth-related institution, etc., for a given period not exceeding 10 years: Provided, That where the risk of re-offending is significantly low, or there are other special circumstances where the employment is not restricted.
(b) make a determination.