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(영문) 수원지방법원 2017.06.02 2017노1836
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Progress of judgment;

A. On September 23, 2016, the lower court found the Defendant guilty of all the instant facts charged and sentenced the Defendant to one year imprisonment and 40 hours to complete a sexual assault treatment program, and accordingly, appealed on the grounds that the Defendant and the prosecutor were unfair in sentencing.

B. On December 1, 2016, the appellate court rendered a judgment dismissing all appeals by rejecting unfair claims of the sentencing of the Defendant and the Prosecutor, and on this basis, the Defendant appealed for the reason that the sentencing was unfair.

(c)

The Supreme Court did not have legitimate grounds for appeal on March 15, 2017. However, the Supreme Court held that the crime of violation of the Punishment of Violences, etc. Act (joint conflict) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) that are sex offenders subject to registration are concurrent crimes under the former part of Article 37 of the Criminal Act.

Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which was amended by Act No. 14412, Dec. 20, 2016, after the judgment of the court of first instance was rendered before remanding the case, is subject to the application of Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which was enforced by Act No. 14412, and thus, it is necessary to additionally examine whether the period of registration of personal information on the defendant is unfair to determine the period prescribed in each subparagraph of Article 45(1) according to the sentence of the judgment of the court of first instance, and to judge whether the period of registration of personal information on the defendant is determined as a short-term period during each of the above subparagraphs. Thus, the judgment of the court of first instance before returning the case was no longer maintained. Moreover, the part of the judgment setting the short-term period of registration is an incidental disposition to be declared simultaneously with the conviction of the sex offense case subject to registration

2. Summary of reasons for appeal;

A. The grounds for appeal are as follows: (a) Defendant (a) (an illegal Defendant was found to have filed an appeal for sentencing on November 2, 2016) on the grounds of appeal.

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