상습사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Sexual assault against the defendant for forty hours.
1. The sentence imposed by the lower court on the summary of the grounds for appeal (a two-year imprisonment and an order to complete a sexual assault treatment program for 40 hours) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
Article 45(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that any person who is sentenced to death penalty, imprisonment with prison labor for life or imprisonment without prison labor for more than ten years shall be punished by imprisonment with prison labor for more than 30 years (subparagraph 1), and any person who is sentenced to imprisonment with prison labor for more than 3 years but not more than 10 years shall be punished by imprisonment with prison labor for not more than 20 years (subparagraph 2), and any person who is sentenced to imprisonment with prison labor for not more than 3 years and a person who is sentenced to a fine by the Minister of Justice for not more than 15 years (subparagraph 3), and any person who is sentenced to a fine for not more than 10 years (subparagraph 4).
In addition, Article 45(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that where a sex crime which causes the registration of personal information and other crimes are concurrent in accordance with the former part of Article 37 of the Criminal Act and a sentence is imposed pursuant to Article 38 of the Criminal Act, all of the sentence shall be deemed to be a sentence for a sex crime which causes the registration of personal information, and Article 45(4) provides that where the court deems it improper to determine the period of registration pursuant to each subparagraph of paragraph (1) as Article 45(2) is applicable, it shall determine the short-term period of registration during the period under each subparagraph of paragraph (1).
The lower court found the Defendant guilty of the facts charged of habitual fraud, business obstruction, damage to property, and assault and the facts charged of the instant indecent act constituting the sex offense subject to registration, and found that each of the above crimes was concurrent crimes under the former part of Article 37 of the Criminal Act.
In the light of this, one sentence of imprisonment was sentenced.
However, the period of the registration of personal information against the accused is determined by the period stipulated in each subparagraph of Article 45(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.