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(영문) 광주고등법원 2020.05.14 2020노27
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The defendant shall be treated with sexual assault for 80 hours.

Reasons

1. The sentencing of the court below on the gist of the grounds of appeal is too unreasonable.

2. Ex officio determination

A. Article 45(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) separate the registered information of a person subject to registration of personal information from a punishment for a sex crime which causes the registration of personal information, and classify the period of registration into the punishment for the sex crime which causes the registration of such information, and classify the death penalty, the life imprisonment without prison labor, or the imprisonment without prison labor for more than ten years for the person who is sentenced to a punishment for more than 30 years, the person who is sentenced to a punishment for imprisonment with or without prison labor for more than 3 years, or the imprisonment with or without prison labor for not more than 10 years, and the person who is sentenced to a fine for more than 15 years (subparagraph 3), and the person

In addition, Article 45(2) of the Sexual Violence Punishment Act provides that where a sex crime which causes the registration of personal information and other crimes are concurrent in accordance with the former part of Article 37 of the Criminal Act and a sentence is pronounced pursuant to Article 38 of the Criminal Act, all of the sentence shall be deemed a sentence for a sex crime which causes the registration of personal information, and Article 45(4) of the same Act provides that where the court recognizes that the registration period is unreasonable due to the application of Article 45(2) and the application of Article 37(1), it may determine a short-term period of

B. The lower court determined that each of the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and each of the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is a person subject to registration of personal information under the main sentence of Article 42(1) of the Sexual Violence Punishment Act, and thus, the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, but if a sentence is imposed concurrently with the crime of coercion as indicated in Article 45(4) of the same Act, the period of registration of personal information of the Defendant is the period

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