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(영문) 서울고등법원 2018.11.02 2018노2041
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court that is unfair in sentencing (three years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. An order to disclose or notify the information to the Defendant is unreasonable in light of all circumstances, including the fact that the Defendant, who was in violation of the disclosure or notification order, was unable to live together with his/her family members while living together with his/her family members.

2. 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, a court issues an ex officio decision on a sex offense order to operate a child or youth-related institution, etc., or to prohibit a child or youth-related institution, etc., from being employed or having actual labor, for a certain period not exceeding 10 years: Provided, That where the risk of re-offending is significantly low, there are special circumstances in which the employment should not be restricted.

In the judgment of the court, the employment restriction order may not be issued.

Therefore, Article 3 of the Addenda to the above Act provides that the amended provisions of Article 56 shall also apply to a person who had committed the above sex offense before the enforcement thereof and has not received a final and conclusive judgment. Thus, the above amended Act shall also apply to this case, so the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's improper grounds for reversal of authority as above.

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