The defendant shall be innocent.

1. The summary of the facts charged in the instant case is a person who was sentenced to a fine of two million won in the Busan District Court for the crime of indecent act by force on December 7, 201, and the punishment on December 15, 201 becomes final and conclusive.

A person who is finally convicted of a sexual crime subject to the above registration shall submit personal information to the head of a police agency having jurisdiction over his/her domicile within 60 days after the judgment becomes final and conclusive.

By February 12, 2012, the defendant did not submit personal information to the chief of a police agency having jurisdiction over his/her domicile without justifiable grounds.

2. Determination

A. Article 32(1) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter “the Act”) provides that a person who is finally convicted of a sexual crime subject to the registration of personal information, or a person whose disclosure order has become final and conclusive pursuant to Article 37(1)2 of the Act, shall be a person subject to registration of personal information, and the court shall inform a person subject to registration of the fact that the person is a person subject to registration and the person subject to registration is obliged to submit personal information pursuant to Article 33

In addition, Article 33 (1) of the Act provides that a person subject to registration shall submit personal information to the head of a police agency having jurisdiction over his/her domicile within 60 days from the date the judgment pursuant to Article 32 (1) of the Act becomes final and conclusive, and Article 43 (3) 1 of the Act provides that a person subject to registration of personal information shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won, if the person subject to registration fails to submit the submitted information or modified information without any justifiable reason

B. Comprehensively taking account of the above provisions, the duty to submit personal information under Article 33 of the Act shall be notified to a person who has been convicted of a sexual crime subject to registration of personal information, and personal information shall be personal information.