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(영문) 인천지방법원 2018.09.07 2018노2035
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault against the defendant for forty hours.

Reasons

1. As to the crime of assault against O among the facts charged in the instant case, the lower court: (a) rendered a dismissal judgment; (b) rendered a judgment of conviction on the charge of coercion, assault, and special intimidation against the remaining victims; and (c) appealed only on the ground that only the Defendant appealed the judgment of the lower court on the ground that the sentencing was unfair.

Therefore, since the defendant and the prosecutor's rejection part of the public prosecution which did not appeal is separated and finalized by the expiration of the appeal period, the court shall decide only on the conviction part of the judgment below.

2. The reasoning of the appeal is that the sentence of the lower court (the imprisonment of 10 months and the order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

3. We examine ex officio prior to determining the Defendant’s grounds for appeal for sentencing ex officio.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, before being amended by Act No. 15352, Jan. 16, 2018, provides that a person determined to be sentenced to a punishment or treatment for a sex offense against a child or juvenile or a sex offense against an adult (hereinafter referred to as "sex offense") may not operate a child or juvenile-related institution, nor provide employment or de facto labor for ten years from the date on which the execution of the punishment or treatment or care is completed, or the execution of the treatment or care is suspended or exempted.

However, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, imposes a sentence or a medical care and custody on a sex offense, is simultaneously with a judgment of a sex offense case to prohibit the operation of a child or juvenile-related institution, etc., or the employment or actual labor of the institution, etc., for a certain period from the date of termination or exemption of the execution of all or part of the sentence or the medical care and custody (where a fine is imposed, the date on which the sentence becomes final and conclusive).

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