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(영문) 대구고등법원 2012.12.13 2012노449

강제추행등

Text

All part of the judgment of the court below concerning each defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The sentence of unfair sentencing (the second judgment of the court below: imprisonment with prison labor for 10 months) is too unreasonable.

(2) The second judgment ordering the disclosure and notification of personal information to the defendant unfairly issuing the disclosure order or notification order is unfair.

B. The Prosecutor’s sentence (the first instance judgment: imprisonment with prison labor for 8 months) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the above judgment was rendered by the court below for 8 months (the first instance court) and 10 months (the second instance court) after having separately examined the defendant, and the defendant filed an appeal as to the part of the defendant's case in the second instance court, and the prosecutor filed an appeal as to the part of the defendant's case in the first instance court, and the court decided to concurrently examine the above two appeals. Each of the offenses against the defendant in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence shall be imposed at the same time in accordance with Article 38 (1) of the Criminal Act. In this regard, the part of the defendant's case in the judgment of the court below against the defendant cannot be maintained as it is.

3. Of the judgment of the court below regarding the unfair argument of disclosure and notification order, there are grounds for ex officio reversal in each part of the defendant's case. However, the defendant's allegation of improper disclosure and notification order in the second judgment of the court below is still subject to the judgment of this court, and this is examined.

According to Article 37(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the proviso to Article 37(1)1 of the same Act, and Article 41(1)1 of the same Act and the proviso to Article 41(1)1 of the same Act, with respect to a person who has committed a sexual crime subject to registration, the court shall sentence the person an order to disclose and notify the same simultaneously with a judgment on the sexual crime subject