The defendant shall be innocent.

On December 6, 2013, the accused of a public prosecution room shall be sentenced to a fine of 700,000 won at the Seoul Central District Court by a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) and the sentence becomes final and conclusive and conclusive on December 14, 2013, and where personal information is changed pursuant to Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused of a public prosecution room shall report the reason and the change thereof to the police station having jurisdiction over the domicile within 20 days from the date of occurrence

Nevertheless, even though the Defendant changed his/her address to Yongsan-gu Seoul, Seoul on April 30, 2015, the Defendant did not report the said change to the Seoul Yongsan-gu, Seoul Yongsan-gu, Seoul on June 29, 2015.

Article 47(3) of the Constitutional Court Act provides that where a penal law or a provision is ruled unconstitutional, the above law or provision shall lose its effect retroactively, and where the penal law becomes retroactively null and void due to the decision of unconstitutionality by the Constitutional Court, the pertinent law or provision shall be declared not guilty pursuant to Article 325 of the Criminal Procedure Act for a prosecuted case which was instituted by applying the pertinent law.

(See Supreme Court en banc Decision 2010Do5986 Decided December 16, 2010 (see, e.g., Supreme Court en banc Decision 2010Do5986, Mar. 31, 2016). In Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter “Sexual Crimes Punishment Act”), the Constitutional Court rendered a decision that “a person who is finally and conclusively convicted of committing a crime prescribed in Article 13 shall be a person subject to registration of personal information”

(The Constitutional Court Order 2015HunMa688 dated March 31, 2016). The instant case where a person who is declared guilty of a crime under Article 13 of the Sexual Violence Punishment Act and becomes a person subject to registration of personal information under Article 42(1) violates Article 50(3)1 and Article 43(1).