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(영문) 부산고등법원 (창원) 2015.05.20 2015노111
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment with prison labor and three years of suspended sentence) is too unhutiled and unfair.

2. The judgment of the court below (written in detail in the three and four pages of the judgment of the court below) is justifiable in light of the statutory penalty (limited to imprisonment of not less than three years, and a fine of not less than 20 million won but not more than 50 million won) of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the applicable sentences, sentencing guidelines, other sentencing cases, although the victim is a person with intellectual disability but is an adult, and the extent of the defendant's indecent act is not serious, and it is not easy to reverse even if it is added to the sentencing data added at the trial of the court, rape in 200, and even if it is added to the past record of a three-year suspended sentence of imprisonment for a period of not less than two years.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, if a judgment of conviction on the crime of this case is finalized against the defendant, the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act, since he/she is subject to registration of personal information under Article 42 (1) of the same Act, he/she is not subject to separate imposition by a court to submit personal information of a person subject to registration, so notification of obligation to submit personal information to the person subject to registration of conviction is only meaningful

Therefore, even if the court erred in the subject, contents, etc. of the duty to submit personal information which was omitted or notified while rendering a judgment of conviction, the court can revise the legitimate contents and notify the duty to submit personal information again, and the higher court.

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