A. When a judgment of conviction has become final and conclusive in the instant case by misapprehending the legal principles, the Defendant becomes a person subject to registration of personal information pursuant to Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and bears the obligation to submit his/her personal information to the head of a competent police agency pursuant to Article 43 of the same Act, and such obligation cannot

The judgment of the court below, which held that the defendant is obligated to submit personal information when the suspension of sentence becomes invalidated as a result of deferment of a fine of two million won, is erroneous in the misunderstanding of legal principles as to the duty to submit personal information, etc.

B. The sentence of an unreasonable sentencing (2 million won of a fine and 2 million won of a fine) imposed by the lower court is too uneasible and unfair.

2. Determination

A. The issue of whether to impose the obligation to register personal information on a defendant for whom a judgment of suspended sentence has become final and conclusive due to a sex offense as to the assertion of misapprehension of the legal doctrine is basically a matter of legislative policy. However, in a case where the court imposes a conviction on a person who committed a sexual crime (excluding a suspended sentence) under Article 16(2) main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Order to Attend and order to complete a program, the court shall concurrently impose an order to attend a course or order to complete a sexual assault treatment program (hereinafter “instant order”)

Unlike the provisions that exclude a suspended sentence in this conviction, a person who is finally and conclusively convicted of a crime under Article 42 (1) 3 and 4, Article 2 (2) (limited to paragraph (1) 3 and 4), and Articles 3 through 15 of the Act on the Registration of Personal Information and a crime under subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "sex crime subject to registration").