성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
The judgment below
Part of acquittal shall be reversed.
The defendant shall be exempted from punishment.
1. Where there exist several orders for the judgment, such as partial conviction, partial acquittal, etc., on a case prosecuted concurrently for concurrent crimes within the scope of trial by this court, the part included in one main text may be separately appealed from other parts, and the part not appealed by both parties becomes final and conclusive. Thus, where only the prosecutor appealed on the part of the concurrent crimes against the judgment of the first instance which rendered innocence and partially guilty, the part of the judgment of the first instance which was not appealed by the defendant and the prosecutor became final and conclusive as the period for appeal has expired, the part of the judgment of the acquittal which was pending in the appellate court is not prosecuted, and accordingly, the part of the judgment of the appellate court
(See Supreme Court en banc Decision 91Do1402 Decided January 21, 1992, and Supreme Court Decision 2010Do10985 Decided November 25, 2010, etc.). Of the facts charged in the instant case, the lower court convicted the Defendant of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Advanced Places) and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes due to Non-Submission of Basic Personal Information (Confidentiality, etc.) and acquitted the Defendant of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes due to Non-Submission of Scrapping Information (Confidentiality, etc.) and appealed against the acquitted portion only by the prosecutor.
Therefore, since the portion of the judgment of the court below which was not appealed by both parties is separated from the Do of appeal period, the scope of this court's judgment is limited to the portion of acquittal appealed by the prosecutor of the judgment below
2. Where a person subject to registration of personal information scraps his/her own vehicle, the person subject to registration of personal information falls under a case where the registration number of the vehicle owned by the basic personal information is changed under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and thus is obliged
3. The lower court’s judgment.