beta
(영문) 서울동부지방법원 2015.02.12 2014노1508

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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 is obligated to submit personal information, and such obligation naturally

Nevertheless, the court below held that the defendant has a duty to submit personal information when the suspended sentence becomes invalidated while rendering a judgment of the suspended sentence of a fine of two million won. In so doing, the court below erred by misapprehending the legal principles as to the duty to submit personal information, etc., which affected the conclusion

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. Determination:

A. The court does not separately impose the duty of the person subject to registration to submit personal information on the person subject to registration, but if a conviction becomes final and conclusive due to a sex offense subject to registration, it shall naturally occur pursuant to the provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Therefore, even in cases where a judgment of suspended sentence is rendered on a sex offense subject to registration, the judgment of suspended sentence becomes final and conclusive, and the obligation to submit personal information is immediately imposed on the person subject to registration. However, if a judgment of suspended sentence is deemed acquitted after two years have elapsed since the judgment of suspended sentence became final and conclusive, it is interpreted

In addition, since a court does not separately impose the duty to submit personal information of a person subject to registration, it is meaningful that a court that pronounced a judgment of conviction should inform the person subject to registration that he/she should submit personal information.

Therefore, even if the court declares a conviction, it is required to submit the personal information which was omitted or notified.