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(영문) 부산지방법원 2020.11.13 2020노1246

강제추행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of one million won, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing by the Defendant and the prosecutor, by taking into account the favorable and unfavorable circumstances of the Defendant.

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 in full view of 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 lower court’s sentencing is too heavy or it does not seem to have exceeded the reasonable scope of discretion.

The defendant and prosecutor's assertion of unreasonable sentencing are 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. Conclusion.