강제추행등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court’s sentence (e., a fine of KRW 10 million) is too uneased and unreasonable.
2. Determination
A. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing, taking into account the favorable and unfavorable circumstances of the Defendant, as seen above.
In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.
In addition, even if comprehensively considering the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unhued.
The prosecutor's assertion of unfair sentencing is without merit.
B. Where a conviction becomes final and conclusive on the crime of indecent act by compulsion, which is a sex offense subject to ex officio judgment on the registration of personal information, the Defendant is a person subject to registration of personal information pursuant to the main sentence of 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 competent agency
The registration period of personal information against the defendant is ten years in accordance with Article 45 (1) 4 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and considering the sex crime which causes the registration of personal information, the nature of the remaining crimes, the severity of the crimes, etc., it is not necessary to set the registration period of personal information more short-term than the period according to the sentence pursuant to Article 45 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
Therefore, the period of registration of personal information should not be reduced.
3. Since the appeal by the prosecutor of the conclusion is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered as per Disposition.