강제추행치상등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years and six months of imprisonment.
The defendant shall be 40 hours.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Ex officio determination
A. Article 45(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) separate the registered information of a person subject to registration of personal information from the type of a sex crime which causes the registration of such personal information, and classify the relevant registration period into a death penalty, a life imprisonment without prison labor, a life imprisonment without prison labor, or a imprisonment without prison labor for more than ten years (subparagraph 1), a person who is sentenced to a punishment for more than 3 years but not more than 3 years, a person who is sentenced to a imprisonment without prison labor for not more than 2 years (subparagraph 2), a person who is sentenced to a fine for not more than 15 years (subparagraph 3), and a person who is sentenced to a fine for not more than 10
In addition, Article 45 (2) of the Sexual Violence Punishment 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 pronounced pursuant to Article 38 of the Criminal Act, all of the sentence shall be deemed a sentence for a sex crime which causes the registration of personal information, and Article 45 (4) of the Criminal Act provides that where the court recognizes that the registration period is unreasonable due to the application of paragraph (2) and the application of paragraph (1) is determined pursuant to each subparagraph of paragraph (1), the short-term period
B. The lower court determined that the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Sexual Violence Punishment Act and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, but it is unreasonable to determine the period of registration of personal information against the Defendant when a sentence is imposed in concurrence with the crime of violating the Electronic Financial Transactions Act pursuant to Article 45(4) of the same Act.