Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for twelve years.
One cuter (No. 4), g., g., cuter.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (12 years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Ex officio determination
A. Before determining on the grounds for appeal by the Defendant and the prosecutor on the errors in the application of the statutes, the day of the crime in violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Special Rape, etc.) on November 17, 2009. As such, when choosing a limited term among the statutory punishment, the maximum imprisonment shall be determined by applying the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter “former Criminal Act”), which is a corporation at the time of the act, to the extent that the maximum imprisonment is omitted and thereby affected the conclusion of the judgment.
B. According to Article 2 of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012) and Articles 37(2) and 41(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012), the disclosure period of registered information does not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc. of Criminal Crimes (hereinafter “Act on the Lapse of Punishment, etc.”) and the disclosure period of the notification order shall be the period
Meanwhile, Article 7(1) of the Criminal Procedure Act provides that "the punishment shall be invalidated when the period specified in any of the following subparagraphs elapses from the date on which the execution of the punishment is completed or exempted, without being sentenced to suspension of qualification or heavier punishment, shall be imposed upon the person who has been sentenced to imprisonment or imprisonment without prison labor for more than three years (No. 1); five years for imprisonment with or without prison labor for not more than three years (No. 2); and two years for a fine (No. 3) shall be imposed upon the person who has been sentenced to imprisonment with or without prison labor
Therefore, when a sentence exceeding three years is imposed on a person subject to disclosure order and notification order, the period exceeding ten years.