logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.01.17 2017노4284
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, and 2 years of disclosure and notification of personal information) on the summary of the grounds for appeal is deemed unreasonable because it is too unfasible.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the original judgment; and (b) the court below’s punishment cannot be deemed unfair in light of the records and arguments of this case; and (c) the prosecutor’s aforementioned assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is dismissed. However, in light of the last act (Article 4th 6 of the judgment of the court below) of the court below on the grounds that “the above registration period is unfair inasmuch as a sex crime which causes the registration of personal information under Article 37 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and other crimes are concurrent under Article 37 of the Criminal Act, and the punishment is prescribed pursuant to Article 38 of the Criminal Act on the grounds that the period of registration of personal information resulting therefrom is 15 years pursuant to Articles 45(1)3 and 45(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1412, Dec. 20, 2016).

arrow