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(영문) 대법원 2018.04.12 2018도2234

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court below did not set a short-term period of registration by applying Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, on the ground that the period of registration of personal information for 20 years is not recognized to be an unreasonable long-term period in light of the nature of the crime and the severity of the crime committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal principles on the calculation of the period of registering personal information, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in the instant case where a more minor sentence has been imposed against the Defendant, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Meanwhile, the Defendant stated in the notice of the grounds for appeal that “the instant crime was committed in the state of mental or physical loss or mental weakness (the state of drunk or mental or physical weakness)” and did not state specific grounds therefor. Thus, it cannot be deemed a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.