(b) Violation of the Road Traffic Act;

C. Violation of the Guarantee of Automobile Accident Compensation Act

(d) Performance of official duties;

(e) Interference with business;

(f) Depression;

(g) Violation of the Punishment of Violences, etc. Act;

(Recognized Crime Name: Injury)

Attorney D, AH, Al, AF, AJ

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court

For the reasons indicated in its holding, the lower court’s protection of the sex of children and juveniles among the facts charged in the instant case

The decision that found the defendant guilty of violation of the law on quasi-rape, etc. is just and there is a violation of the law.

In accordance with logical and empirical rules, without failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

Article 314 of the Criminal Procedure Act, which exceeds the bounds of the principle of free evaluation of evidence, or is quasi-rape, evidence trial principle

No error of misapprehending the legal doctrine regarding the legal doctrine.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, death penalty, imprisonment for life or for not less than ten years.

An appeal based on unfair sentencing is allowed only on a case on which a credit cooperative is declared, and thus the defendant is the defendant.

In this case where a minor sentence is pronounced, the argument that the punishment is too unreasonable is too unreasonable.

No legitimate ground of appeal may be a ground of appeal.

2. The decision shall be made ex officio;

A. The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016)

section 45(1) of the Act shall be kept and managed by the Minister of Justice.

The registration period of the boxes was imposed uniformly for 20 years, but Act No. 14412

Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Revised Sexual Violence Punishment Act") amended and enforced by the Act;

§ 45(1) different from the previous provision, Article 45(1) provides that the period of registration shall be the cause of the registration of personal information.

Penalty of death, imprisonment without prison labor for life, or 10 years, which shall be classified according to the sentence for such sex offense;

A person who has been sentenced to imprisonment with or without prison labor for an excessive amount shall be punished by imprisonment with or without prison labor for at least 30 years (paragraph (1) and by imprisonment with or without prison labor for

A person who has been sentenced to a high-ranking punishment shall be sentenced to imprisonment with or without prison labor for not more than 20 years (subparagraph 2), or for not more than three years.

15 (No. 3), a person who is sentenced to a fine, shall be divided into 10 years (No. 4), etc.

In addition, Article 45(2) of the amended Sexual Violence Punishment Act is different from a sex crime which causes the registration of personal information.

Where a sentence pursuant to Article 38 of the Criminal Act is pronounced as a crime committed concurrently pursuant to the former part of Article 37 of the Criminal Act.

to be sentenced for a sex crime which causes the registration of personal information in whole;

subsection (4) of the same section, the court shall apply paragraph (2) to the period of registration pursuant to the subparagraphs of paragraph (1).

If it is deemed improper to determine it, the greater period of the subparagraphs of paragraph (1) shall be determined by a judgment.

Article 6 of the Addenda to the above amended Act provides that the period of time shall be determined as the registration period.

Paragraph 2, "The amended provisions of Section 4 of Article 45 shall apply to cases in which trial is pending at the time this Act enters into force.

The application also provides that "......"

B. On the grounds indicated in its reasoning, the lower court: (a) protecting the sex of children and juveniles subject to registration.

The charges of violation of the Act on the Punishment of Quasi-rape, etc. and obstruction of performance of official duties, business not corresponding thereto.

The Criminal Act recognizes the remainder of the facts charged, such as obstruction of conduct, as guilty (excluding the part of acquittal in the grounds)

The judgment of the first instance which rendered one imprisonment with prison labor on the grounds that the former part of Article 37 is concurrent crimes.

all of the arguments in the grounds of appeal as to mistake of facts, misapprehension of legal principles, and unfair sentencing

We rejected.

However, the revised Sexual Violence Punishment Act was enforced after the judgment of the court below, and the amendment of this case was made.

As a result of the application of Article 45(4) of the Act, the period of registration of personal information against the defendant shall be the first trial.

It is unfair to determine the period prescribed in the subparagraphs of paragraph (1) of the same Article according to the sentence of resolution.

The short-term period of any of the periods in the subparagraphs above shall be the registration period after further examination as to whether it is deemed

Since there is a need to judge whether to determine whether it is necessary, the judgment of the court below shall no longer be maintained.

was made.

C. Meanwhile, pursuant to Article 45(4) of the amended Sexual Violence Punishment Act, the period under the subparagraphs of Article 45(1) of the same Act

The judgment determining a short term period as a registration period shall be convicted of a sex offense case subject to registration.

As an incidental disposition to be declared simultaneously, the lower court erred in the remainder of the Defendant’s case.

It is inevitable to reverse all of them.

3. Therefore, the judgment of the court below shall be reversed, and the case shall be tried and judged again.

The case is remanded to the court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Young-young

Chief Justice Kim Jong-il

Justices Kim Jae-in