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(영문) 광주지방법원 2017.06.21 2016노4751
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty, confiscation, and 40 hours in completion of sexual assault treatment programs) is too uneased and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed in accordance with 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 assent of all participating Justices on the bench (as to the defendant, a sex crime which causes the registration of personal information under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and other crimes are concurrent pursuant to Article 37 of the Criminal Act and a punishment is determined pursuant to Article 38 of the Criminal Act on the grounds that the period for registering personal information resulting therefrom is ten years pursuant to Article 45(1)4 and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1412, Dec. 20,

In doing so, the above period falls under the shortest period during which personal information is registered under the same Act, and there is no room to determine the longer short term of registration.

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