성폭력범죄의처벌등에관한특례법위반(비밀준수등)
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal, the Daejeon High Court delivered to the Minister of Justice a notice on the defendant's registration of personal information to the Minister of Justice, and according to ordinary business process, etc., the defendant was notified of the contents of the registration of personal information at the time of the conviction of rape, the court below acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment by misconception of the facts.
2. The facts charged and the judgment of the court below
A. On July 15, 201, the Defendant was sentenced to two years of imprisonment for the crime of rape by the Daejeon High Court, and the said sentence became final and conclusive on July 19, 201.
A person whose judgment of conviction has become final and conclusive for rape shall submit personal information to the head of a police agency having jurisdiction over his/her domicile (in cases of confinement in a correctional institution, the head of the correctional institution) within 60 days
Nevertheless, the Defendant did not submit personal information within 60 days from July 19, 201 to July 19, 201, without justifiable grounds.
B. The lower court, in principle, determined that a person subject to registration of personal information violated his/her duty to submit information, unless there are other special circumstances, where the court did not prove that the person subject to registration of personal information properly performed the notification procedures prescribed in the Act
Therefore, it cannot be said that there was no justifiable reason for the violation, and there is a written notice prepared by the Daejeon High Court that the defendant is a person subject to registration of personal information, and in general, delivery of such notice to the defendants to the defendants is ordinarily carried out, but the notice to the Minister of Justice of the Daejeon High Court is deemed to be a final and conclusive date of conviction. < Amended by Act No. 1037, Jul. 19, 20