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(영문) 광주지방법원 2017.06.14 2017노1509
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault against the defendant for forty hours.

Reasons

1. The lower court’s punishment (one year of imprisonment and 40 hours of completing the sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.

2. Article 45(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) provides that where a sex crime which causes the registration of personal information and other crimes are concurrent pursuant to the former part of Article 37 of the Criminal Act and a sentence is pronounced pursuant to Article 38 of the Criminal Act, the entire sentence shall be deemed to have been sentenced for a sex crime which causes the registration of personal information, on condition that Article 45(4) applies, and where it is deemed unfair to determine the registration period pursuant to each subparagraph of paragraph (1) due to the application of Article 45(2), the court, by judgment, made the longer short-term period of registration within the period prescribed in each subparagraph of paragraph (1).

Therefore, as to whether the period of the registration of personal information against the defendant is unfair to be determined by the period (15 years) prescribed in Article 14(1)3 in response to the sentence (1 year of imprisonment) of the lower judgment, the foregoing registration period is deemed unfair in light of health class, the remaining crime of indecent act which causes the registration of personal information, and the crime of assault and other crime of causing the registration of personal information, the circumstances, details, and the degree of possibility of criticism of each crime of causing property damage and obstruction of business.

Meanwhile, pursuant to Article 45(4) of the Punishment of Sexual Violence Act, the part of the judgment setting a short-term period among the periods under each subparagraph of Article 45(1) of the same Act is an incidental disposition simultaneously with a conviction of a sex offense case subject to registration, and the judgment of the court below should be reversed in its entirety, even if there is no error in the remaining part of the defendant case. Thus, the

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again reversed after pleading.

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