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(영문) 서울중앙지방법원 2017.08.11 2017노2142
정보통신망이용촉진및정보보호등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

The reason for appeal by the defendant is that the original sentence is too heavy.

However, the lower court’s sentencing is not deemed unfair in light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record.

Defendant’s appeal is dismissed [On the other hand, the lower court’s violation of the Child Uniform Act, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act.

In light of the following: (a) the period of registration of personal information against the defendant is 15 years pursuant to Article 45(1)3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (b) the statutory penalty for each of the above crimes committed by the defendant who caused the registration of personal information, the nature of the crime, and the seriousness of the criminal justice, the above period of registration is determined appropriate; and (b) the judgment of the court below that did not specify the period of registration of personal information as a longer short-term period pursuant to Article 45(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is determined as to whether it is unreasonable to determine the period of registration pursuant to Article 45(1)3 of the aforesaid Act.

B. However, the court below did not judge the above.

On the other hand, party members are determined as above.

shall be justified.

However, with respect to the crime in the annexed list of crimes under 15, 43, and 47 of the judgment below, an ordinary concurrent relationship is established between the crime of violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. and the crime of violation of the Child Uniforms Act. However, it is obvious that the part related thereto was omitted in the column of the application of the law of the court below and that the purpose of increasing concurrent crimes was omitted within the scope of the sum of the long-term punishment of each crime as stated in the judgment below. Thus, the pertinent provision of the law and the choice of the punishment for the crime

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