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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2021.01.29 2020노3792
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (one year and six months of imprisonment, etc.) is too unreasonable.

2. Determination

A. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances of the Defendant, taking into account the factors favorable to the Defendant.

In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below exceeded the reasonable scope of its discretion.

There is no special change in circumstances that can evaluate or change the sentence of the court below.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, circumstances and result of the crime, etc., are comprehensively taken into account, the sentencing of the lower court exceeded the reasonable scope of discretion because it is too big.

It does not appear.

The defendant's argument of sentencing is without merit.

B. Where a conviction becomes final and conclusive on a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) and an attempted crime, which are a sex offense subject to ex officio judgment 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 Article 43

The period of personal information registration against the defendant is 15 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 sex crime which causes the registration of personal information, the nature of the remaining crimes, the seriousness of the crimes, etc., it is not necessary to set the period of personal information registration more short than the period according to Article 45 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Therefore, the period of registration of personal information should not be reduced.

3. The Defendant’s appeal is without merit.

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