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(영문) 서울동부지방법원 2015.03.12 2014노1612
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The court below held that the defendant has a duty to submit personal information when the suspended sentence is invalidated while rendering a judgment on the suspended sentence of a fine of two million won. The court below erred by misapprehending the legal principles on the duty to submit personal information, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use and Screening of Camers, etc.) shall be limited to crimes prescribed in Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and crimes subject to disclosure order and notification order prescribed in Articles 47 and 49 of the same Act.

Nevertheless, the lower court found the Defendant guilty of committing the crime and omitted the judgment on the order to disclose and notify personal information of the Defendant. Since the disclosure and notification order is an incidental disposition to be declared simultaneously with the conviction, as long as the Defendant filed an appeal against the Defendant, the disclosure and notification order is included in the scope of the appellate court’s judgment, and if all or part of the order to disclose and notify is illegal, the part of the case should be reversed in its entirety without any error in law (see Supreme Court Decision 2012Do5291, 2012, Jun. 28, 2012). In this regard, the lower judgment cannot be maintained further.

However, the prosecutor's assertion of the above misapprehension of legal principles is still subject to the judgment of this court, and this is examined.

3. The Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is applicable when a judgment of conviction is finalized for a sex offense subject to registration, rather than separately imposed by a court to submit personal information on a person subject to registration.

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