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(영문) 부산지방법원 2014.10.17 2014노2725
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles as to the registration and submission of personal information when the suspension of sentence is invalidated on the grounds of a judgment suspending sentence on the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media).

B. The sentence of the lower judgment on the grounds of unreasonable sentencing (the suspended sentence and suspended sentence: fine of KRW 2,00,000) is too uneased and unreasonable.

2. Determination

A. According to Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, a person whose judgment has become final and conclusive due to a sex offense subject to registration shall be a person subject to registration of personal information, and the court shall inform the defendant that he/she should submit the fact that he/she is a person subject to registration of personal information and personal information when sentenced

However, the court below notified the defendant that he is obligated to submit personal information when suspended sentence becomes invalidated without notifying the fact that he is a person subject to registration of personal information and that he is obliged to submit personal information in the case of suspended sentence without notifying the defendant that he is a person subject to registration of personal information, while making a judgment of suspended sentence as to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) which is subject to registration. In this regard,

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