성폭력범죄의처벌등에관한특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. When a judgment of conviction of an indecent act by compulsion ordering the registration of personal information was finalized, the Defendant failed to memory that he/she should submit personal information for his/her daily life at the time of the judgment of conviction of the indecent act by compulsion, and if the investigation agency notified the Defendant of the submission of personal information in advance, it could be
Therefore, the judgment of the court below which found the defendant guilty of the facts charged despite the justifiable grounds under Article 50 (3) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where the defendant had no intention to commit the crime and failed to submit personal information, is erroneous in the misapprehension of the purport of the above legal provisions.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the Defendant denied the facts charged in this case by examining ex officio prior to the judgment on the grounds of appeal of ex officio, and this court revoked the order of the court below that the Defendant decided to judge in accordance with summary trial procedures pursuant to Article 286-3 of the Criminal Procedure Act on the grounds that the confession of the Defendant was not reliable on the date of the first trial. In this respect, the court below cannot be maintained
However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, regardless of the above reasons for ex officio reversal.
3. Article 43(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration of personal information shall submit personal information, such as his/her name and address, to the head of a police agency having jurisdiction over his/her domicile within 30 days from the date a judgment of conviction becomes final and conclusive. Article 50(3)1 of the same Act provides that a person subject to registration of personal information shall submit information without good cause, in violation of