A. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by Residence)

(b) Violation of the Narcotics Control Act;

A

Defendant

Attorneys O (Korean Offices)

Seoul High Court Decision 2016No2108 Decided October 13, 2016

February 15, 2017

The judgment below is reversed and the case is remanded to Seoul High Court.

1. The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, the court below asserted as to Defendant’s mental disorder

The rejection is just, and there is no violation of law as alleged in the grounds of appeal.

On the other hand, the court below erred in violation of Article 51 of the Criminal Act due to incomplete deliberation on the grounds for sentencing.

The assertion that it is ultimately constitutes an argument on unfair sentencing. However, Article 383 subparag. 4 of the Criminal Procedure Act is applicable.

The reason for unfair sentencing is only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is pronounced.

in this case where the defendant was sentenced to a more minor sentence. Therefore, the defendant

The argument that the above assertion or punishment is too unreasonable is not a legitimate 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 20-year registration period was imposed uniformly on the registered information of wounded noble persons. However, the 2016.

12. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act") amended and enforced by Act No. 14412 on 20.

Article 45 (1) of the Sexual Violence Punishment Act (hereinafter referred to as the "Sexual Assault Punishment Act"), unlike the previous provisions, provides a new period of registration.

penalty of death, life imprisonment, or no penalty of penalty for a sex crime which causes the registration of such information;

A person who is sentenced to a punishment of the Fund or imprisonment with or without prison labor for more than ten years shall be sentenced to more than 30 years (paragraph (1) and more than 3 years;

A person sentenced to imprisonment with or without prison labor for not more than ten years shall be sentenced to imprisonment with or without prison labor for not more than 20 years (subparagraph 2) and for not more than three years.

A person, etc. who has been sentenced to a fine shall be 15 years (subparagraph 3), a person who has been sentenced to a fine shall be 10 years (subparagraph 4), etc.

set forth in section 5.

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.

The period of time was set as the registration period. On the other hand, the Addenda of the amended Act on the Punishment of Sexual Violence to the Act.

Article 6 (2) "The amended provisions of Article 45 (4) shall apply to cases in which trial is pending at the time this Act enters into force.

The application also provides that ".."

B. The court below erred in the misapprehension of the Act on the Control of Narcotics, Etc. of this case and the crime subject to registration

The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the instant case, which constitutes a crime

Recognizing the guilty of the facts charged and each of the above crimes is deemed to be concurrent crimes under the former part of Article 37 of the Criminal Act.

The judgment of the court of first instance which pronounced a single imprisonment shall be maintained, and the mental and physical disorder and sentencing of the defendant

We rejected the allegation of the grounds for appeal in regard to unfair practices.

Article 45 of the amended Sexual Violence Punishment Act is enforced after the judgment of the court below, and shall apply to this case.

D. The period of registration of personal information against the defendant shall be determined by the sentence of the first instance judgment.

further review as to whether it is deemed unreasonable to determine the period specified in any subparagraph;

It is necessary to judge whether the longer short-term period is determined as the registration period during each of the following periods:

As such, the judgment of the court below shall no longer be maintained.

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.

In addition, there is no error in the judgment of the court below in the remaining part of the defendant's case.

It is inevitable to reverse all of them.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion.

We conclude that it is so decided as per Disposition by the assent of all participating Justices.

Justices Park Young-young

Justices Park Byung-hee

Justices Kim Jong-il

Justices Kim Jae-sik in charge