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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower court (one year of imprisonment, 40 hours of completion of the sexual assault therapy, 3 years of employment restrictions on children and juveniles-related institutions, etc. and welfare facilities for the disabled) 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 indecent act by force and the crimes of violation of the Road Traffic Act, other than the crimes subject to registration, were guilty, and sentenced to imprisonment by deeming that each of the above crimes is concurrent crimes under the former part of Article 37 of the Criminal Act.
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 registration of personal information on the accused is unreasonable to determine the period under each subparagraph of Article 45(1) of the same Act, and judged whether the said period of registration
Nevertheless, as the court below omitted its judgment, it ex officio determines this.
However, in light of the nature of the crime and severity of the principal offense, etc., the term of registration under Article 45(1) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes does not seem to be more short-term period.
Therefore, the judgment of the court below is not reversed as there is no need to shorten the period of personal information registration.
3. The crime of this case on the assertion of unfair sentencing is one of the crimes committed by the defendant, even though the defendant had already been engaged in drinking two or more times of drinking driving, and the defendant was engaged in drinking driving, and committed an indecent act by deceiving the victim, who is the customer of the drinking house operated by him, and its nature is not good.
The Defendant committed the instant crime because it was not less than two years after the completion of the execution of the sentence, and was punished for the indecent act by force.
On the other hand, the defendant recognized all of his crimes for the first time.