2016Do16223 A. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Quasi-performance)

(2)

(b) Violence;

(c) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

Business Conduct, etc.)

(d) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

(e) Quasi-decent acts;

(f) Violation of the Punishment of Violences, etc. Act (Composition and organization, etc.);

Section B) 【Defendant B, in part, preliminary

Name of crime: Violation of the Punishment of Violences, etc. Act (organization)

(Organization, activity)

(g) Injury;

1.(a)(c)(d)(f)(A);

2. B

Defendants

Attorney CA (the national election for the defendant A)

Attorney CB (the national election for Defendant B)

Gwangju High Court Decision 2016No178 decided September 22, 2016

January 25, 2017

The part of the lower judgment against Defendant A is reversed, and that part of the case is remanded to the Gwangju High Court.

section 3.

Defendant B’s appeal is dismissed.

1. As to Defendant A

A. The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court

For the reasons indicated in its reasoning, children and juveniles among the facts charged in the instant case against Defendant A

The Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse

It is just to determine that all of the anti-Rapes are guilty, and there is no ground of appeal.

In the absence of the necessary deliberation as above, a free capital increase in violation of logical and empirical rules.

of the Act on the Protection of Children and Juveniles against Sexual Abuse, or committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

There is no error of law by misunderstanding the legal principles.

In addition, according to the records, the court below accepted Defendant A’s assertion of unfair sentencing and thereby rejected the judgment of the first instance

Inasmuch as the court below found the fact that it rendered a new judgment, it is reasonable for the court below to find out the grounds for appeal.

Since the judgment of the court below can be interpreted as having made a decision without a separate statement, the judgment of the court below is justified.

The lower court did not err by omitting judgment, contrary to what is alleged in the grounds of appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, death penalty, imprisonment for life or for not less than ten years.

Defendant A is allowed to file an appeal on the grounds of unfair sentencing only in a case on which the Treasury rendered a ruling of unfair sentencing.

In this case where a minor sentence is imposed, the argument that the amount of punishment is unreasonable is legitimate.

shall not constitute a reason for dismissal.

(b) Determination ex officio.

(1) The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016)

section 45(1) of the Act shall be kept and managed by the Minister of Justice.

The registration period of the boxes was imposed uniformly for 20 years, but Act No. 14412

Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Revised Sexual Violence Punishment Act") amended and enforced;

section 45(1) of this title, unlike the previous provision, causes the registration of personal information.

shall be punished by death, imprisonment without prison labor for life, or imprisonment with or without prison labor for a period of ten years, for a sex offense committed;

A person who has been sentenced to imprisonment with or without prison labor for a department shall be punished by imprisonment with or without prison labor for at least 30 years (paragraph (1) and by imprisonment with or without prison labor for at least

A person sentenced to punishment shall be sentenced to imprisonment with or without prison labor for not more than 20 years (subparagraph 2), or for not more than three years.

15 (No. 3), a person who is sentenced to a fine, shall be divided into 10 years (No. 4), etc.

In addition, Article 45(2) of the amended Sexual Violence Punishment Act is different from a sex crime which causes the registration of personal information.

Where a sentence pursuant to Article 38 of the Criminal Act is pronounced as a crime committed concurrently pursuant to the former part of Article 37 of the Criminal Act.

to be sentenced for a sex crime which causes the registration of personal information in whole;

subsection (4) of the same section, the court shall apply paragraph (2) to the period of registration pursuant to the subparagraphs of paragraph (1).

If it is deemed improper to determine it, the greater period of the subparagraphs of paragraph (1) shall be determined by a judgment.

Article 6 of the Addenda to the above amended Act provides that the period of time shall be determined as the registration period.

Paragraph 2, "The amended provisions of Section 4 of Article 45 shall apply to cases in which trial is pending at the time this Act enters into force.

The application also provides that "......"

(2) Based on its stated reasoning, the lower court: (a) the instant assault, violence, etc. against Defendant A

Violation of the Punishment Act (organization and activities of organizations, etc.), the facts charged of injury, and sex crimes subject to registration.

The violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-indecent act, intermediary act)

A. The former part of Article 37 of the Criminal Act provides that each of the above crimes is guilty on charges of rape and quasi-indecent act.

One of the concurrent crimes was sentenced to imprisonment in view of the relation of concurrent crimes.

However, the revised Sexual Violence Punishment Act was enforced after the judgment of the court below, and the amendment of this case was made.

As a result of the application of Article 45(4) of the Act, the period for registering personal information to Defendant A is the same.

further review as to whether it is deemed unfair to determine the period specified in each subparagraph of paragraph (1) of this Article;

shall be tried as to whether the longer short-term period of any of the above periods shall be determined as the registration period.

Since there was a need to maintain the part against Defendant A in the judgment of the court below, the part against Defendant A cannot be maintained any longer.

was made.

(3) Meanwhile, pursuant to Article 45(4) of the amended Sexual Violence Punishment Act, the period under each subparagraph of Article 45(1) of the same Act is one of the periods

The judgment determining a short term period as a registration period shall be convicted of a sex offense case subject to registration.

As an incidental disposition to be declared simultaneously, the remainder of the judgment of the court below against Defendant A

Even if there is no error in the part of the case, the whole part of the defendant shall be reversed.

2. As to Defendant B’s ground of appeal

The judgment of the court below is erroneous in violation of the law regarding the grounds for sentencing, violation of the rules of evidence, and incomplete hearing.

The assertion on whether to impose an unfair sentencing is ultimately an argument on the grounds of unfair sentencing. However, Article 383 subparag. 4 of the Criminal Procedure Act

capital punishment, imprisonment with or without prison labor for an indefinite term or for a term of not less than 10 years;

In this case where the defendant B was sentenced to a more minor punishment, as the appeal is allowed.

The argument that the amount of punishment is inappropriate shall not be a legitimate ground for appeal.

3. Conclusion

The part of the lower judgment against Defendant A is reversed, and this part of the case is remanded to the lower court for further proceedings consistent with this Opinion.

The appeal by Defendant B is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

It is decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-deok

Justices Kim Jae-han

Justices Kim In-young

Justices Lee Dong-won