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(영문) 창원지방법원 2018.02.08 2017노3589

특수상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment (two years of imprisonment, forty hours of completion of sexual assault treatment programs, disclosure of personal information, and two years of notification) of the judgment of the court below on the summary of the reasons for appeal is too small, and the prosecutor is too unfasible and unfair.

2. We examine the judgment, the defendant voluntarily surrenders himself, the confession and reflects all of his criminal acts, the victim's consent does not want punishment against the defendant. In the case of forced indecent acts, the degree of assault and indecent act committed by the defendant is not easy. In the case of any retaliation against a special injury, the nature of the crime as a retaliation crime is bad, and the method of committing the crime is also cruel, and the defendant has a record of having been punished for imprisonment by rape, etc. even in 2009.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (if a crime of forced indecent act committed in the judgment below, which is a sex offense subject to registration of new information, becomes final and conclusive, the defendant becomes 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 has a duty to submit personal information to the competent authority pursuant to Article 43 of the same Act, taking into account the statutory punishment, the nature of the crime, the circumstances leading to aggravated crimes, etc. of each of the crimes of this case, the judgment of the court below that did not regard the period for registration of personal information under Article 45(4) of the same