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(영문) 대법원 2016.03.24 2015도20174

강제추행등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Articles 42 and 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) stipulate that where a person who has been finally found guilty of a certain sexual crime is designated as a person subject to registration of personal information and imposes the duty to submit personal information on him/her and a court is convicted of a conviction, the person subject to registration shall be informed of the fact that he/she is a person subject to registration and the existence

According to the reasoning of the judgment of the court below and the judgment of the court of first instance, the judgment of the court of first instance maintained by the court below does not separately impose the defendant's obligation to submit personal information while pronounced guilty of the defendant's indecent act in the instant case, but if the judgment of conviction is finalized, it can be seen that the defendant becomes a person subject to registration of personal information under the Punishment of Sexual Violence Act, and only notifies the defendant

Therefore, notwithstanding the decision of inconsistency with the Constitution of the Constitutional Court on Article 45(1) of the Punishment of Sexual Violence Act (Supreme Court Decision 2013Hun-Ma423, 2013Hun-Ma426, Jul. 24, 2014), the court below imposed the defendant a duty to register and submit personal information, or the ground for appeal purporting that Article 42(1) and Article 43 of the Punishment of Sexual Violence Act is unconstitutional in an indivisible relationship with Article 45(1) of the same Act, which is a provision to register and submit personal information in relation to the compulsory indecent act in this case, is an indivisible relationship with Article 45(1) of the same Act, and it does not affect the conclusion of the judgment, and it does not constitute a legitimate ground for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, and thus, in this case where a minor sentence has been imposed against the defendant, the determination of the sentence is unfair.