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(영문) 대법원 2015.01.29 2014도9933
준강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. In light of the content, form, and purport of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning Sexual Crimes”), and the legal nature of the judgment of suspended sentence, etc., the obligation to submit personal information of a person subject to registration is not imposed separately by a court, but a conviction becomes final and conclusive due to a sex offense subject to registration, and the judgment of suspended sentence cannot be deemed

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 erred in the subject, contents, etc. of the duty to submit personal information omitted or notified while rendering a judgment of conviction, the court may revise the lawful contents and notify the duty to submit personal information again. The higher court may correct errors by newly notifying the duty to submit personal information without any need to reverse the judgment. Thus, the ground of appeal disputing errors in relation to the notification of personal information to be submitted by the court of first instance or the lower court as to matters that do not affect the judgment, and thus, does not constitute legitimate ground of appeal.

Supreme Court Decision 200

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