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(영문) 부산지방법원 2019.05.10 2019노57
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) is too unreasonable.

2. Determination

A. In a case where no change exists in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court did not change the sentencing conditions compared with the lower court’s failure to submit new sentencing data in the instant appellate trial. In full view of the reasons for sentencing revealed in the instant appellate trial, the lower court’s sentencing is too unreasonable, and thus, does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

B. Where a conviction becomes final and conclusive on the crime of indecent act by compulsion in the judgment ex officio on the registration of personal information, the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to

The registration period of personal information against the defendant is ten years in accordance with Article 45 (1) 4 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. In full view of the crimes that cause the registration of personal information, the crimes of violation of the Punishment of Violences, etc. Act (joint injury) and the nature of the crimes, seriousness of the crimes, etc., the case is deemed not necessary to set the registration period of personal information more short-term period than the period according to Article 45 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, so the registration period of personal information should not be shortened.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

(b).

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