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(영문) 부산지방법원 2014.10.17 2014노2914

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below erred in the misapprehension of legal principles as to the registration of personal information and the duty to submit data when the suspension of sentence becomes invalidated on the grounds that the judgment of the court below is erroneous in the misapprehension of legal principles as to the registration of personal information and the duty to submit such information.

2. According to Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, a person whose judgment has become final and conclusive due to a sex offense subject to registration shall be a person subject to registration of personal information, and the court shall inform the defendant that he/she has to submit the fact that he/she is a person subject to registration of personal information

However, the court below notified the defendant that he is obligated to submit personal information when the suspended sentence becomes invalidated without notifying the fact that he is a person subject to registration of personal information and that he is obliged to submit personal information, while making a judgment of suspended sentence as to the crime of indecent act by compulsion, which is a sex offense subject to registration, and stated it in the reasons for the judgment. In this regard, the court below erred by misapprehending the legal principles on