beta
(영문) 부산지방법원 2019.06.14 2019노325

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court is too uneased and unreasonable;

2. Determination

A. The lower court sentenced the Defendant to imprisonment with prison labor for six months and two years of suspended execution, taking into account the unfavorable circumstances and favorable circumstances.

In full view of all the circumstances that serve as the condition for sentencing in this court, no such circumstance exists as it is deemed that the judgment of the court below exceeded the reasonable scope of its discretion, or that it is unreasonable to maintain the judgment of the court below as it is.

In addition, considering the Defendant’s age, environment, background and consequence of the crime, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too uneasible.

The prosecutor's assertion of unfair sentencing is without merit.

B. Where a conviction becomes final and conclusive on the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) which is subject to ex officio judgment on the registration of personal information, the defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated

The period of registering personal information against the defendant is 15 years in accordance with Article 45(1)3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In full view of the sex crime which causes the registration of personal information and the other crimes, the nature of the crimes, seriousness of the crimes, etc., the period of registering personal information in this case is deemed unnecessary to determine the period of registering personal information more than the period according to the sentence of sentence in accordance with Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Thus, the period of

3. Article 364 of the Criminal Procedure Act provides that the prosecutor’s appeal for conclusion is groundless.