On January 1, 2020, the Defendant became a person subject to registration of personal information pursuant to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Punishment Act”). A person subject to registration of personal information shall submit personal information to the head of a police agency having jurisdiction over his/her domicile within 30 days after the date of conviction or summary order, etc., pursuant to Article 43(1) of the Sexual Violence Punishment Act, which became final and conclusive by the summary order in the Seoul Central District Court 2019 High Court 20076 (hereinafter “instant summary order”). Nevertheless, the Defendant did not submit the basic personal information to the head of the competent police agency by January 30, 2020 within 30 days after the date of the final and conclusive summary order in this case.

2. Determination

Articles 42(1) and 43(1) of the Sexual Violence Punishment Act provide that a person who is convicted of, or whose summary order, etc. has become final and conclusive due to a sex offense subject to registration shall submit personal information to the head of a competent police agency within 30 days from the date the person subject to registration becomes final and conclusive, and Article 50(3)1 of the Sexual Violence Punishment Act provides that a person who fails to submit basic personal information without justifiable grounds in violation of Article 43(1) of the Sexual Violence Punishment Act shall be punished.

According to the records, as to the facts charged that the defendant forced victims to commit an indecent act on November 27, 2018, the summary order of this case was issued on December 2, 2019, and the summary order was served by means of service by public notice to the defendant and confirmed on January 1, 2020, and the period for requesting the formal order of this case became final and conclusive on January 1, 2020. After that, the defendant requested the Seoul Central District Court 2020 early 414 against the summary order of this case to recover the right to claim the formal trial of this case, and requested the formal trial of this case on March 5, 2020. Accordingly, the facts that the defendant's right to claim the formal order of this case was restored and confirmed by a ruling to recover the defendant's right to claim the formal trial of this case on March 5, 2020.

According to the above facts, even if the summary order of this case becomes final and conclusive after the lapse of the period for requesting a formal trial on January 1, 2020, as long as the decision to recover the defendant's right to claim a formal trial becomes final and conclusive and the formal trial procedure has commenced, it shall return to the state where the summary order has not been finalized. Accordingly, the defendant is not "a person for whom a summary order has become final and conclusive due to a sex offense subject to registration" under the main sentence of Article 42 (1) of the Sexual Violence Punishment Act, and is not subject to the obligation to submit personal information under Article 43 (1)

3. Conclusion

Since the facts charged in this case that the defendant did not perform his duty to submit personal information under Article 43(1) of the Sexual Violence Punishment Act without any justifiable reason constitutes a case where there is no proof of criminal facts, the defendant shall be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence shall not be published pursuant to the proviso of Article 58(2) of the Criminal Act, and this decision is