1. According to the reasoning of the lower judgment, with respect to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Confidentiality, etc.) due to the absence of the competent police office until May 29, 2016 among the facts charged in the instant case, the lower court reversed the judgment of the lower court that found the person subject to registration not guilty of the crime under Article 43(4) and Article 14412 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1412, Dec. 20, 2016; hereinafter “former Sexual Crimes Punishment Act”), on December 20, 2016, where a person subject to registration submits basic personal information pursuant to paragraph (1), the person subject to registration shall be present at the police office having jurisdiction over his/her domicile by December 31 of each year, 2016, and shall be stored and kept in electronic records by taking into account his/her fixed name, front name, and front photograph of the person subject to registration and a sexual crime.”

2. (1) Where an act does not constitute a crime due to a change in the law after the crime, the new law shall apply (Article 1(2) of the Criminal Act). Article 4 of the Addenda to the amended Sexual Violence Punishment Act, effective December 20, 2016, provides that “Article 43(4) (including cases applied mutatis mutandis pursuant to Article 44(6)), Article 45(5) and (6), Article 45-2 and Article 45-3 of the amended provisions shall also apply to a person subject to registration (including a person who has become a person subject to registration pursuant to the former Act on the Protection of Children and Juveniles against Sexual Abuse) whose judgment of conviction or summary order has become final and conclusive as a sex offense subject to registration before this Act enters into force (referring to the provisions of Articles 45-2 and 45-3 prior to the enforcement date pursuant to the proviso to Article 1 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse).”

Therefore, on May 4, 2015, prior to the enforcement of the amended Sexual Violence Punishment Act, the Defendant, who was registered as a person subject to registration of personal information on May 29, 2015, submitted basic personal information to the ○○ Police Station, and accordingly, on May 29, 2015, submitted the basic personal information pursuant to Article 43(4) of the amended Sexual Violence Punishment Act, not the former Sexual Violence Punishment Act, but the Defendant is obligated to appear or respond to photographs at the competent police station from January 1, 2016 to December 31, 2016, and cannot be deemed to bear the duty to perform the above duties until May 29, 2016, as stated in this part of the facts charged. Thus, this part of the facts charged does not constitute a violation of Articles 50(3)3 and 43(4) of the amended Sexual Violence Punishment Act.

Therefore, even if there are some inappropriate points in the reasoning of the court below in its reasoning, it is just in its conclusion that the court did not constitute a crime against this part of the facts charged, and contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles as to Article 1(2)

(2) Meanwhile, the prosecutor filed an appeal against the guilty portion of the judgment below, but did not state specific grounds of appeal as to this portion in the petition of appeal or the appellate brief.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-deok (Presiding Justice)