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(영문) 창원지방법원 2018.02.08 2017노3110

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts that the sentence of the lower judgment (one year of suspended sentence, two years of suspended sentence, forty hours of sexual assault treatment programs, and evidence Nos. 3,6, and 8 may be deemed to be unfair) is too unfluent and unfair. However, the lower court’s determination of the sentence, based on its reasoning, did not go beyond the reasonable scope of discretion, and it is reasonable to respect the sentencing of the lower court inasmuch as there is no change in the sentencing conditions (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Meanwhile, it is reasonable to respect the sentencing of the lower court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Meanwhile, the prosecutor stated the entire text of the lower judgment, including the dismissal of public prosecution in the order column of the judgment of the petition of appeal, and appealed the part of the lower judgment dismissing the public prosecution, but the grounds for ex officio examination cannot be found

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below [In the event of a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the judgment of the court below, which is a sex offense subject to registration of new information, a defendant becomes a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and has a duty to submit personal information to the competent agency in accordance with Article 43 of the same Act. In full view of the statutory punishment, crime quality, criminal punishment, and aggravated punishment of each of the crimes of this case, the judgment of the court below that did not regard the period of registration of personal information in accordance with Article 45 (4)