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(영문) 부산지방법원 2020.10.23 2020노1991
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court’s sentence is too unreasonable.

2. Determination

A. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing, taking into account the favorable and unfavorable circumstances of the Defendant, as seen above.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may 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, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court 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 of a person subject to registration of personal information is finalized on the crime of violating the Child Welfare Act (in the event of coercion, intermediary, sexual harassment, etc. of a child), which is a sex offense subject to registration ex officio on the registration of personal information, the defendant is a person subject to registration of personal information in accordance with the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to

The registration period of personal information against the defendant is 15 years in accordance with Article 45 (1) 3 and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and considering the sex crime which causes the registration of personal information, the nature of the remaining crimes, the severity of the crimes, etc., it is not necessary to set the registration period of personal information more short-term than the period according to the sentence pursuant 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. As the appeal by the defendant is groundless, Article 364(4) of the Criminal Procedure Act is not reasonable.

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