성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
information about the defendant for a period of four years.
The court below found the Defendant guilty of all the charges of this case and sentenced the Defendant to a five-year imprisonment and a five-year disclosure notification order.
The Defendant appealed against the lower judgment on the grounds of unreasonable sentencing and unfair order to disclose personal information, and the trial prior to remand rejected all the Defendant’s arguments and dismissed the appeal.
With respect to the judgment of the party before remanding, the Defendant appealed on the grounds of mistake of facts, allegation of unfair sentencing, and unfair argument of ordering disclosure of personal information, and the appellate court rejected the Defendant’s assertion of mistake of facts. However, on February 26, 2015, the Constitutional Court rendered a decision of unconstitutionality that “Article 329 of the Criminal Act and the part concerning the attempted crime” in Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes are in violation of the Constitution. As such, the provision that rendered a decision of unconstitutionality loses its retroactive effect pursuant to Article 47(3) of the Constitutional Court Act, and the judgment of the court below that convicted the Defendant of violating the Act on the Aggravated Punishment, etc. of Specific Crimes
Summary of Grounds for Appeal
The sentence of imprisonment (five years of imprisonment) imposed by the court below on the defendant is too unreasonable.
Although there are special circumstances that the defendant should not issue an order to disclose or notify the disclosure of personal information to the defendant, it is unfair for the court below to order the defendant to disclose or notify personal information, and the period is too long.
Judgment
Before the judgment on the grounds for appeal ex officio is made, the name of the crime against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) among the facts charged in the instant case is "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)"