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(영문) 청주지방법원 2017.05.12 2016노1381

강제추행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won punishment, and 20 hours program completion order) is too unreasonable.

2. Article 45(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016); (b) Article 45(1) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 201; hereinafter “Revised Sexual Crimes Punishment Act”) imposes a uniform registration period of 20 years on all persons subject to registration of personal information to be preserved and managed by the Minister of Justice; however, Article 45(1) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016; (c) a person who was sentenced to death penalty, imprisonment without prison labor for life, or imprisonment without prison labor for more than 10 years and imprisonment with prison labor for more than 20 years and a person who was sentenced to a fine of 3 years and less than 10 years (3 years).

In addition, Article 45 (2) of the amended Punishment of Sexual Violence Act 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 have been sentenced for a sex crime which causes the registration of personal information, and where it is deemed unfair to determine the period of registration pursuant to each subparagraph of paragraph (1) due to the application of paragraph (2) and paragraph (4) of the same Article, the court determined that the short-term period of registration may be determined during the period of each subparagraph of paragraph (1).

Meanwhile, Article 6(2) of the Addenda to the amended Punishment of Sexual Violence Act provides, “The amended provisions of Article 45(4) shall also apply to cases in which trial proceedings are pending at the time of enforcement of this Act.”

The court below held the defendant.