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(영문) 서울중앙지방법원 2014.11.14 2014노3352
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Prosecutor's ground for appeal: Unfair sentencing

2. In full view of the following facts: (a) the Defendant, as a primary offender, led to the confession of the instant crime; (b) the details and details of the instant crime; (c) the means and method of the instant crime; (d) the degree and extent thereof; (c) the Defendant’s age and occupation; (d) the circumstances after the instant crime; and (e) the ordinary behavior, such as the Defendant’s age and occupation; (e) family relationship; and (e) economic penalty, the sentence of the lower judgment is reasonable

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

[On the other hand, even in a case where a judgment of suspension of sentence is rendered on a sex offense subject to registration, the person subject to registration becomes a person subject to registration immediately after the judgment of suspension of sentence becomes final and conclusive. However, if a judgment of suspension of sentence is deemed acquitted after two years have elapsed since the judgment of suspension of sentence became final and conclusive, only he/she is exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). Nevertheless, it is erroneous that the court below notified that the suspension of sentence becomes effective only when the notification of “registration and obligation to submit personal information” becomes final and conclusive, so the court shall correct it and notify the Defendant that “the defendant must submit personal information” as follows. “On the other hand, if a judgment of conviction on a sex offense subject to registration and obligation to submit personal information becomes final and conclusive, the defendant is exempted from the obligation to submit personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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