아동ㆍ청소년의성보호에관한법률위반(성매수등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The defendant shall be subject to the prevention of sexual traffic for 40 hours.
The summary of the grounds for appeal (one year of imprisonment, 80 hours of order to complete the course) of the lower court is too heavy or (the Defendant) is too heavy.
2. The lower court ex officio found the Defendant guilty of all the facts constituting the instant fraud, etc. and the sex offenses subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), and found the Defendant guilty of all of the facts constituting the instant sex offenses subject to registration under the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase of sex), and held that the Defendants are concurrent crimes
Recognizing this, one imprisonment was sentenced.
As a result, Article 45(1), (2), and (4) of the Sexual Violence Punishment Act, which was amended by Act No. 14412, Dec. 20, 2016, which was following the pronouncement of the lower judgment, applies to this case, it is unfair to determine the period of the registration of personal information according to the sentence of the first instance judgment, and thus, it is necessary to judge whether to set the short-term period of the registration during the period under any of the subparagraphs of Article 45(1). Thus, the part of the lower judgment on the Defendant was no longer maintained.
Meanwhile, pursuant to Article 45(4) of the former Punishment of Sexual Violence Act, the part of the judgment setting a longer short-term period of registration during the period under each subparagraph of Article 45(1) of the same Act is an incidental disposition sentencing simultaneously with a conviction of a sex offense case subject to registration. Therefore, even if there is no error in the remaining part of the judgment of the court below
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows, without examining the aforementioned grounds for reversal ex officio.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.