beta
(영문) 서울중앙지방법원 2016.12.09 2016노3720

강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The reason for appeal by the defendant is that the punishment of the court below is heavy, and the reason for appeal by the public prosecutor is that the punishment of the court below is minor.

However, if the court below's reasons for sentencing together with the circumstances and the conditions of sentencing stated in the records, it is not recognized that the sentencing is unfair.

All appeals filed by the defendant and prosecutor are dismissed.

(1)After the judgment of the lower court’s sentencing, the following details are added to the following. “The obligation to register and submit personal information: Once a conviction on the crime of this case, which is a sex offense subject to registration, becomes final and conclusive, the accused is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act. The exemption from the disclosure order and notification order: the accused’s age, occupation, risk of recidivism, type, motive, process of the crime of this case, seriousness of the crime, disclosure order or notification order, degree of disadvantage and anticipated side effects of the accused’s disadvantage due to the disclosure order, prevention and effectiveness of the sexual crime subject to registration which can be achieved therefrom, the disclosure order of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the accused;