성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, one year of observation of protection, and 40 hours of lecture for sexual assault treatment) is too uneasy and unreasonable.
2. Determination
A. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination on the unfair argument of sentencing; and (b) considering the various sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment seems unfair; and (c) thus, the Prosecutor’
B. If a conviction of a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc. and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (chips for public purposes), which is a sex offense subject to ex officio judgment, becomes final and conclusive, the defendant is a person 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 is obligated to submit personal information to a related agency pursuant to Article 43 of
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 above crimes which cause the registration of personal information and the remaining crimes of intrusion upon residence, the nature of the crimes, seriousness of crimes, etc., the period of registering personal information in this case is deemed unnecessary to determine the period of registering personal information as a shorter period than the period according to the sentence pursuant to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Thus, the period of registering personal information should not be shortened
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.