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(영문) 광주지방법원 2021.02.03 2020노3122
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, and order to complete a program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court ex officio held that all of the crimes of forced indecent conduct and other crimes not subject to registration, which are sex offenses subject to registration, are guilty, and each of the above crimes is concurrent crimes under the former part of Article 37 of the Criminal Act.

In the light of this, one sentence of imprisonment was sentenced.

However, as Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes applies to the instant case, it should have deliberated on whether the period of the registration of personal information against the Defendant is unreasonable to determine the period under each subparagraph of paragraph (1) of the same Article and determined whether the said period of registration is set at a short-term period.

Nevertheless, the lower court omitted its judgment.

In that sense, in light of the nature of the crime of coercion and the severity of the crime of concurrent crimes which are the cause of the registration of personal information, there are circumstances under which the period of registration under Articles 45(1) and 45(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is set to be a longer short-term period.

It does not appear.

Therefore, the judgment of the court below is not reversed because there is no need to shorten the period of personal information registration.

3. The Defendant continues to commit the crime of larceny, embezzlement of possession, fraud, and wrongful use of credit card cards against multiple victims, and the amount of damage is not much.

In particular, the defendant was prosecuted for some crimes and continued to commit crimes despite being tried.

Defendant has already been punished several times for the same kind of crime.

On the other hand, the defendant shows his attitude to recognize and reflect all of his crimes.

A defendant has no past record of punishment heavier than punishment, and has no past record of punishment for sexual crimes.

Some victims shall be punished by the defendant by agreement with the defendant.

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