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(영문) 서울중앙지방법원 2015.01.30 2014노4260
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Prosecutor’s gist of grounds for appeal: Error of legal principles (it is erroneous in the misapprehension of legal principle that the original trial notifies the effect that the suspension of sentence becomes effective only when the suspension of sentence becomes invalidated while notifying “registration and submission of personal information”

2. Determination on the grounds for appeal

A. Since a court does not separately impose the duty to submit personal information on a person subject to registration in relation to the assertion of misunderstanding legal principles, it is only meaningful to inform the person subject to registration that he/she should submit personal information.

Therefore, even if the court erred in the scope or content of the duty to submit personal information that was omitted or notified while rendering a judgment of conviction, it does not relate to any matter affecting the judgment.

This part of the Prosecutor's argument is rejected.

B. As to the assertion on unfair sentencing, ① the Defendant’s confession and reflects the instant crime as the primary offender, ② the details and contents of the instant crime, ③ the means and method of the instant crime, ④ the commission and degree of indecent act, ⑤ the victim and the victim do not want the punishment of the Defendant; ⑤ the circumstances after the commission of the instant crime, ⑥ the Defendant’s age and occupation, family relationship, and economic form, and the various sentencing factors indicated in the instant arguments and records are appropriate.

We do not accept the prosecutor's assertion of unfair sentencing.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

On the other hand, even if a judgment of suspended sentence is rendered on a sex offense subject to registration, the judgment of suspended sentence becomes final and conclusive, and the person subject to registration is immediately obligated to submit personal information. However, if a judgment of suspended sentence is deemed acquitted after two years have elapsed since the judgment of suspended sentence became final

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