성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. The court below held that the defendant has a duty to submit personal information when the suspended sentence is invalidated while rendering a judgment on the suspended sentence of a fine of two million won. The court below erred by misapprehending the legal principles on the duty to submit personal information, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio, and since the instant crime is an offense prescribed in Article 14(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, it constitutes a sex offense subject to registration prescribed in Article 42(1) of the same Act and is subject to an order to disclose and notify personal information prescribed in Articles 47 and 49 of the same Act.
Nevertheless, the lower court found the Defendant guilty of the facts charged and omitted the judgment on the order to disclose and notify personal information of the Defendant. Since the order to disclose information is an incidental disposition that is sentenced simultaneously with the conviction, so long as the appeal is filed against the Defendant, the order to disclose information is included in the scope of the appellate trial’s trial, and if the whole or part of the order to disclose information is unlawful, the part of the order should be reversed in its entirety, even if there is no illegality in the remaining part of the Defendant’s case (see Supreme Court Decision 2012Do5291, 2012Do112, Jun. 28, 2012). In this regard,
However, the prosecutor's assertion of misapprehension of the legal principles is still subject to the judgment of this court, despite the above reasons for reversal of authority.
3. The judgment of a person subject to registration does not separately impose the court to submit personal information on the person subject to registration, but becomes final and conclusive due to a sex offense subject to registration, and the judgment is naturally created in accordance with the Act on Special Cases concerning the Punishment,