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(영문) 대구지방법원 2018.07.20 2018노1661

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment and 80 hours of sexual assault treatment program) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflected, and that the defendant still seems to have been grow in the poor family environment.

However, it is also recognized that the Defendant had a record of being punished for juvenile protective disposition and fines several times for the same non-licensed driving crime, the Defendant committed the instant sexual traffic brokerage during the repeated offense period due to the brokerage of sexual traffic, and attempted to return to E, which is a juvenile of sexual traffic, during the investigation process.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, it is to revise that “the registration of new commercial information and the obligation to submit such information” is added as follows to the fourth following the fifth page of the judgment of the court below.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 4

In full view of the statutory penalty, the nature of each of the instant crimes, the circumstances leading to the aggravation of concurrent crimes, etc., the punishment of sexual crimes, etc. in this case.