성폭력범죄의처벌등에관한특례법위반(비밀준수등)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is that even if the Defendant did not submit personal information to the head of a competent police office based on the offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) for which punishment has become final and conclusive on September 26, 2015, the Defendant’s act does not constitute a crime since he did not submit personal information according to the Constitutional Court’s decision of unconstitutionality, and thus, the lower court erred by misapprehending the legal doctrine that
2. The Defendant, on September 18, 2015, sentenced the Seoul Eastern District Court to imprisonment with prison labor for the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and two years of suspended execution for six months.
9. 26. A person whose judgment has become final and conclusive, and even though he/she has a duty to submit personal information to the head of a competent police agency within 30 days from the date a judgment becomes final and conclusive pursuant to Article 43(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, he/she did not report by
3. The judgment of the court below
A. On March 31, 2016, the Constitutional Court rendered a decision of unconstitutionality with respect to the provision that stipulates that a person whose conviction has become final and conclusive in the crime of obscenity using a communications medium shall submit the personal information to the person against whom the judgment of conviction has been made, but the purport of the decision of the Constitutional Court is that a person whose conviction has become final and conclusive due to the crime of obscenity using a communications medium is a person subject to registration of personal information in Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) of Article 42(1) of the same Act (wholly amended by Act No. 11556, Dec. 18, 2012), thereby infringing the right to self-determination of personal information, and accordingly, the defendant has already become a person subject to registration of personal information pursuant to