아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the defendant A: the fine of 10,000,000 won, the fine of 5,000,000 won) of the lower court is too uneased and unreasonable.
2. Determination
A. It is reasonable to respect the prosecutor’s assertion of unfair sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court’s determination of unfair sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared to the lower court’s failure to submit new sentencing data at the trial and the lower court’s failure to do so. In full view of the factors indicated in the instant pleadings, the lower court’s sentencing is too unreasonable beyond the reasonable scope of discretion.
Therefore, prosecutor's assertion is without merit.
B. When a conviction of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a sex offense subject to registration, becomes final and conclusive, Defendant A 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 thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
On the other hand, considering the crimes of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. which causes the registration of personal information and the crimes of violation of the Act on the Punishment of Sexual Crimes, etc. which are in substantive concurrent relations with the above sexual crimes, the period of registration of personal information should not be reduced because it is determined that the period of registration of personal information in this case need not be more than the period according to the sentence pursuant to Article 45(4) of the Act on Special Cases Concerning the Punishment,
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.