beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.
2. In light of the fact that the defendant reported a change in the resident registration of his/her domicile, etc., the crime of this case appears to have been unable to submit personal information due to the failure of the defendant to accurately understand the relevant regulations, and that there is no record of punishment for the defendant for the same kind of crime. However, the purpose of the prosecutor's assertion is to systematically manage the sex offender against children and juveniles, thereby protecting children and juveniles from sexual crimes and helping them grow into healthy members of society. The defendant does not show that he/she faithfully performs his/her duty to register personal information due to his/her unknown residence or contact address after the crime of this case. Considering the defendant's age, character and conduct, environment, the means and method of the crime of this case, the motive for the crime of this case, etc., the prosecutor's above assertion is unreasonable since the court below's punishment is somewhat inappropriate.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 52(5)2 and Article 34(2)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); the selection of each fine for negligence;
1. Article 37 of the Criminal Code among concurrent crimes.