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(영문) 대구지방법원 2017.09.22 2017노3224
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for forty hours.

Reasons

1. The sentence imposed by the lower court (a year and six months of imprisonment, and an order to complete a sexual assault treatment program 40 hours) 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, where a sex crime which causes the registration of personal information and other crimes are concurrent in accordance with 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; however, where Article 45(4) applies and it is deemed unfair to determine the period of registration pursuant to the subparagraphs of paragraph (1) due to the application of Article 45(2), the court made it possible to determine the short-term period of registration during the period prescribed in the subparagraphs of paragraph (1) by judgment.

Therefore, as to whether the period of registration of personal information against the defendant is unfair to be determined by the period (15 years) stipulated in Article 1 (1) 3 in response to the sentence of the lower judgment (one year and six months), it is unfair to determine the period of registration as above in light of the circumstances, contents, degree of criticism, etc. of each crime committed by the Health Team, the crime of coercion which caused the registration of personal information, the other crime of interference with business affairs, and the crime of violation of the Punishment of Violences, etc. Act (Habitual injury).

Meanwhile, pursuant to Article 45(4) of the same Act, the part of the judgment setting a longer short term period among the periods under each subparagraph of paragraph (1) of the same Article is an incidental disposition that declares simultaneously with the 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 judgment of 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 of the court below is reversed, and it is again after pleading.

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