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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor, the court below found the defendant not guilty on the ground that the defendant was sentenced to the Daegu High Court on September 11, 2013, and there is no evidence to prove the fact that the defendant was notified of the fact that he was subject to registration of personal information, but there is an error of law by misunderstanding the fact and affecting
2. Determination:
A. The lower court determined that the Defendant was notified of the fact that he/she is a person subject to registration of personal information and that he/she is obliged to submit personal information, on the ground that the sole evidence presented to the lower court and duly admitted was convicted of a final judgment due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof
The charges of this case were acquitted on the grounds that there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.
B. According to the evidence duly adopted and examined by the court below, there is no evidence to acknowledge that the defendant was notified of the fact that he is a person subject to registration of personal information.
(1) On March 11, 2013, the Defendant was sentenced to a dismissal judgment on a public prosecution against a crime of violation of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof (Rape by blood) and a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (voluntary indecent act by blood) with respect to the crimes in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (involuntary indecent act by blood), and sentenced to a fine of five million won for the crimes in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof. According to Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012), which was in force at the time, the Defendant did not constitute a person subject to the registration of personal information.
(2) The Prosecutor appealed against the dismissed portion of the above judgment, and the Daegu High Court No. 151 decided September 11, 2013.