특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
gallon (No. 1) shall be one unit in seized gallon.
1. The summary of the grounds for appeal (a prison term of one year and six months, and forfeiture No. 1) by the court below is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
Among the crimes of this case, the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amerasation and photographing) constitutes a "sex crime subject to registration" under Article 42 (1) of the same Act, and the defendant constitutes a "person subject to registration" under Article 42 (1) of the same Act where a conviction becomes final and conclusive, and the court must inform the person subject to registration of the fact that the person subject to registration is "person subject to registration" when it declares a conviction due to a sex offense subject to registration, and that the person subject to registration has a " obligation to submit personal information" under Article 43 of the same Act. However, the court below did not inform the defendant
In addition, the above crime constitutes a sex offense subject to the disclosure order and notification order under Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which constitutes a sex offense subject to registration under Article 42 (1) of the same Act, and thus is subject to an order to disclose and notify personal information.
Nevertheless, the lower court found the Defendant guilty of the above crime and omitted the judgment on the Defendant’s disclosure order and notification order.
Therefore, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is reversed, and
Criminal facts
The criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below.