성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The crime of this case is committed by the defendant in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, forty-hour orders to complete sexual assault treatment programs, five-year disclosure orders, and three-year employment restriction orders) is too unreasonable.
2. According to the records of this case as to the claim of mental disability, the defendant is deemed to have been suffering from mental illness, such as a major depression, savedness, and other shock disorder at the time of this case, but in light of the circumstances of each of the crimes of this case, the method and method, and the circumstances before and after the crime, etc., it is not deemed that the defendant had the weak ability to distinguish things or make decisions due to the above reasons at the time of each of the crimes of this
3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was imprisoned and exceeded the reasonable scope of discretion.
4. As to the registration of personal information ex officio, the lower court found the Defendant guilty of both the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including the crime in the case of 2020 order 1341; hereinafter the same shall apply) and the crime of assault not subject to registration, and sentenced to one imprisonment by deeming that each of the above crimes is a concurrent crime under the former part of Article 37 of the Criminal Act.
However, this case is a case.