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(영문) 서울중앙지방법원 2017.11.17 2017노3459
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

The reason for appeal by the defendant is that the original sentence is too heavy, and the reason for appeal by the prosecutor is too minor for the original sentence.

However, considering the circumstances revealed in the reasons for sentencing and the conditions of sentencing indicated in the record, the lower court’s sentencing is beyond the scope of discretion, and it is not recognized that the lower court’s sentencing is unfair as it is difficult to avoid reversal.

All appeals filed by the Defendant and the Prosecutor are dismissed (On the other hand, the lower court is in the concurrent relation between the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) in which personal information is to be registered, the violation of the Act on the Protection of Juveniles from Sexual Abuse (production, Distribution, etc. of obscenity) and the remaining crimes.

Therefore, in light of the statutory punishment of each of the above crimes committed by the defendant, which caused the registration of personal information, and the severity of the crime, the above registration period is determined appropriate, and thus, the judgment of the court below which did not specify the registration period of personal information as a longer short-term period pursuant to Article 45 (1) 3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, judged whether it is unfair to determine the registration period pursuant to Article 45 (1) 3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 45 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

B. However, the court below did not judge the above.

On the other hand, party members are determined as above.

shall be justified.

However, the facts constituting the crime in the judgment of the court below, 10 pages 10, 20, 2017, 2017, 2051, 2051, 2017, 4653, 2017, 2017, 2053, 20, 200, 200, 200, 200, 200, 200

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