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(영문) 창원지방법원 2018.05.31 2018노442
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court (a year and six months of imprisonment, an order to complete a sexual assault treatment program 80 hours, confiscation) is too unreasonable.

2. Determination

A. We examine the determination of the unfair argument of sentencing. Although the defendant all of the crimes of this case is recognized, there is no record of the crime exceeding the fine, each of the crimes of this case is not good in light of the background, means, and result, circumstances after the crime, etc., the crime of this case is not sent to the spouse and the will of the spouse, and it is not possible to reach an agreement with the victim, and the various sentencing conditions shown in the records and arguments of this case including the defendant's age, sexual behavior, environment, etc., the defendant's punishment cannot be deemed unfair. Thus, the above argument by the defendant is without merit.

B. Where a conviction becomes final and conclusive for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) on each sexual crime on the judgment that is subject to ex officio judgment (the registration and submission of new information, and the registration period), the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information

On the other hand, considering that the punishment of each of the above sexual crimes which caused the registration of personal information and each of the crimes of confinement in substantive concurrent relations with the above crimes, the severity of the crimes, etc. in this case, it is determined that the period of registration of personal information in this case is no longer necessary to be specified as a short-term period than the period according to the sentence sentenced pursuant to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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