아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
The defendant's appeal is dismissed.
1. The gist of grounds for appeal (misunderstanding of facts, mental or physical disorder, and improper sentencing);
A. The Defendant was not guilty of committing a crime identical to the facts charged in this case.
B. The Defendant is not responsible for committing the instant crime under the condition of loss of mental and physical disorder.
(c)
The punishment of the court below is too heavy.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it can be sufficiently recognized that the defendant committed the crime, such as the entries in the facts charged in this case.
The judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous by mistake.
shall not be deemed to exist.
B. The lower court, on the assertion of mental disorder, committed the instant crime under the circumstance that the Defendant committed the instant crime under the lack of the ability to discern things or make decisions due to chronic spaculsis.
The recognition was recognized.
In full view of the circumstances leading up to each of the instant crimes as indicated in the record, the lower court’s determination is justifiable, and the Defendant was in a physical and mental loss status beyond the physical and mental weakness.
shall not be deemed to exist.
(c)
In full view of all the circumstances stated by the lower court on the grounds of sentencing and all other conditions of sentencing indicated in the record, it cannot be deemed unfair because the lower court is too too unreasonable to the extent that it cannot avoid reversal of the Defendant’s sentence.
3. The defendant's appeal is dismissed (Provided, That the period of registering personal information against the defendant shall be 15 years in accordance with Article 45 (1) 3 and 45 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In light of the type and nature of the crime causing the registration of personal information against the defendant and the severity of the crime, the period of registration shall be deemed legitimate.
Therefore, this Court has a longer short-term period of time to register personal information against the defendant.